Article 1 Residential Home Builders Generally
Article 2 Certificates of Authorization
Article 3 Licensing of Home Inspectors
Article 5 South Carolina Notice and Opportunity to Cure Construction Dwelling Defects Act

Terms Used In South Carolina Code > Title 40 > Chapter 59

  • Action: means any civil lawsuit or action or arbitration proceeding for damages or indemnity asserting a claim for injury or loss to a dwelling or personal property caused by an alleged defect arising out of or related to the design, construction, condition, or sale of the dwelling or a remodel of a dwelling. See South Carolina Code 40-59-820
  • Adaptive parenting equipment: means equipment or any other item that is used to increase, maintain, or improve the parenting capabilities of a person with a disability. See South Carolina Code 63-21-10
  • Adaptive parenting techniques: means strategies for accomplishing childcare and other parenting tasks that enable a person with a disability to execute a task safely for themselves and their children alone or in conjunction with adaptive parenting equipment. See South Carolina Code 63-21-10
  • Administrator: means the Executive Director for the South Carolina Residential Builders Commission provided for under Section 40-59-50. See South Carolina Code 40-59-500
  • Administrator: means the individual to whom the director has delegated authority to administer the programs of a specific board or of a professional or occupational group for which the department has regulatory authority or has delegated authority to administer the programs of a specific board;

    (2) "Authorization to practice" or "Practice authorization" means the approval to practice the specified profession, engage in the specified occupation, or use a title protected under this article, which has been granted by the applicable board. See South Carolina Code 40-1-20
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • air carrier: is a corporation licensed by the Federal Aviation Administration with a certificate of public convenience and necessity or an operating certificate under other applicable federal law or pertinent regulations which operates aircraft to or from an air carrier hub terminal facility as defined in this section. See South Carolina Code 55-11-500
  • air carrier hub terminal facility: is a n airport terminal facility from which an air carrier certified or licensed by the Federal Aviation Administration, within five years from the date of issuance of the obligations described in this article, operates either:

    (1) at least twenty common carrier departing flights a day on which the general public may fly seven days a week, fifty-two weeks a year. See South Carolina Code 55-11-500
  • 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.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • 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.
  • applicant: means a person holding a resident or nonresident commercial motor vehicle driver's license seeking employment with an employer described in subsection (2) who will perform a safety sensitive function as part of his employment. See South Carolina Code 56-1-2210
  • Appraisal: A determination of property value.
  • 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.
  • Artifact recovery: means the recovery of artifactual material by hand or through excavation. See South Carolina Code 54-7-620
  • artifactual material: means any object or assemblage of objects found in an archaeological context which yields or is likely to yield information of significance to the scientific study of human prehistory, history, or culture, and which have remained unclaimed for more than fifty years. See South Carolina Code 54-7-620
  • 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.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authority: means the State Fiscal Accountability Authority. See South Carolina Code 55-11-500
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • 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.
  • Beneath or substantially beneath: means permanently or periodically covered, in whole or in part, by the territorial waters of the State. See South Carolina Code 54-7-620
  • 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
  • Bequeath: To gift property by will.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Child: means a person under the age of eighteen. See South Carolina Code 63-1-40
  • Claimant: means a homeowner, including a subsequent purchaser, who asserts a claim against a contractor, subcontractor, supplier, or design professional concerning a defect in the design, construction, condition, or sale of a dwelling or in the remodel of a dwelling. See South Carolina Code 40-59-820
  • 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.
  • CMVSA: means the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570). See South Carolina Code 56-1-2030
  • Commercial applicant: means an applicant for a license under this article for purposes other than those of a noncommercial applicant, such as commercial salvage or income-producing purposes. See South Carolina Code 54-7-620
  • Commercial motor vehicle: means a motor vehicle designed or used to transport passengers or property if the vehicle:

    (a) has a gross vehicle weight rating of twenty-six thousand one or more pounds;

    (b) is designed to transport sixteen or more persons, including the driver; or

    (c) is transporting hazardous materials and is required to be placarded in accordance with 49 CFR Part 172, subpart F. See South Carolina Code 56-1-2030
  • Commission: means the South Carolina Residential Builders Commission. See South Carolina Code 40-59-20
  • Commission: means the South Carolina Residential Builders Commission. See South Carolina Code 40-59-500
  • 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.
  • Construction defect: means a deficiency in or a deficiency arising out of the design, specifications, surveying, planning, supervision, or observation of construction or construction of residential improvements that results from any of the following:

    (a) defective material, products, or components used in the construction of residential improvements;

    (b) violation of the applicable codes in effect at the time of construction of residential improvements;

    (c) failure of the design of residential improvements to meet the applicable professional standards of care at the time of governmental approval of the design of residential improvements; or

    (d) failure to construct residential improvements in accordance with accepted trade standards for good and workmanlike construction at the time of construction. See South Carolina Code 40-59-820
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlled substance: means a substance classified under Section 102(6) of the Controlled Substances Act (21 U. See South Carolina Code 56-1-2030
  • Conviction: A judgement of guilt against a criminal defendant.
  • Conviction: means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance, or administrative regulation, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any of these offenses, and which conviction or forfeiture is required to be reported to the licensing authority. See South Carolina Code 56-1-630
  • conviction: as used in this article shall also include the entry of any plea of guilty, the entry of any plea of nolo contendere and the forfeiture of any bail or collateral deposited to secure a defendant's appearance in court. See South Carolina Code 56-1-710
  • Conviction: means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated. See South Carolina Code 56-1-2030
  • 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.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Court: means the family court. See South Carolina Code 63-1-40
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Data: means any information related to the site of submerged archaeological historic property or submerged paleontological property which includes, without limitation, artifactual and/or paleontological material, remote sensing survey charts, magnetic tape records of positions, site maps, feature plans, photographs, measurements, and historical documentation. See South Carolina Code 54-7-620
  • Data collection: includes the collection of artifactual and/or paleontological material that is exposed or resting on, but not embedded in, submerged lands. See South Carolina Code 54-7-620
  • Data recovery: means a systematic study carried out in accordance with a research plan which may include data collection, excavation, and artifact or fossil recovery. See South Carolina Code 54-7-620
  • Day: means a twenty-four hour period beginning at 12:00 midnight. See South Carolina Code 54-7-620
  • Debris field: means the area in which artifactual or paleontological materials associated with a site are found. See South Carolina Code 54-7-620
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Labor, Licensing and Regulation. See South Carolina Code 40-59-20
  • Department: means the South Carolina Department of Social Services. See South Carolina Code 63-21-10
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Director: means the Director of the Department of Labor, Licensing and Regulation. See South Carolina Code 40-59-20
  • Director: means the Director of the Institute or a designee of the director. See South Carolina Code 54-7-620
  • Director: means the Director of the Department of Labor, Licensing and Regulation. See South Carolina Code 40-59-500
  • Disability: means a physical or mental impairment that substantially limits one or more of the major life activities of an individual, a record of an impairment, or being regarded as having an impairment, consistent with the Americans with Disabilities Act, as amended, and as interpreted broadly under that act. See South Carolina Code 63-21-10
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Disqualification: means a withdrawal of the privilege to drive a commercial motor vehicle. See South Carolina Code 56-1-2030
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Drive: means to drive, operate, or be in physical control of a motor vehicle. See South Carolina Code 56-1-2030
  • Driver: means a person who drives a commercial motor vehicle or who is required to hold a commercial driver's license. See South Carolina Code 56-1-2030
  • Dwelling: means a single-family house or duplex or a multifamily unit not to exceed sixteen units and not to exceed three stories in height, and which is intended for residential use. See South Carolina Code 40-59-820
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Embedded: means firmly affixed in submerged lands such that the use of tools of excavation are required in order to move the bottom sediments to gain access to the submerged archaeological historic property or paleontological materials or any part of them. See South Carolina Code 54-7-620
  • employee: includes a person holding a resident or nonresident commercial motor vehicle driver's license employed by an employer described in subsection (2) who performs a safety sensitive function, or an owner-operator subject to testing by a consortium or third party administrator who performs drug and alcohol testing services pursuant to 49 C. See South Carolina Code 56-1-2210
  • Employer: means a person, including the United States, a state, or a political subdivision of a state who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle. See South Carolina Code 56-1-2030
  • Endorsement: means a special authorization to drive certain types of vehicles or to transport certain types of property or a certain number of passengers. See South Carolina Code 56-1-2030
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Excavation: means the process of moving, removing, or disturbing bottom sediments to expose submerged archaeological historic property or submerged paleontological materials. See South Carolina Code 54-7-620
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Felony: means an offense under state or federal law that is punishable by death or imprisonment for more than one year. See South Carolina Code 56-1-2030
  • Fiduciary: A trustee, executor, or administrator.
  • Field archaeologist: means a professional archaeologist selected by the licensee and approved by the institute to supervise operations under a license. See South Carolina Code 54-7-620
  • Field paleontologist: means a paleontologist selected by the licensee and approved by the museum to supervise operations under a license. See South Carolina Code 54-7-620
  • Firm: means a business entity functioning as a sole proprietorship, partnership, limited liability partnership, professional association, professional corporation, business corporation, limited liability company, joint venture or other legally constituted organization which practices or offers to practice residential building or residential specialty contracting. See South Carolina Code 40-59-20
  • 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.
  • Fleet: means fifty or more marked private passenger motor vehicles or property carrying vehicles with empty weight of not more than twenty-two thousand pounds and a gross vehicle weight of not more than twenty-six thousand pounds, owned or long-term leased by a corporation or other legal entity, and registered in this State pursuant to this article. See South Carolina Code 56-3-1010
  • fossil recovery: means the recovery of paleontological materials by hand or through excavation. See South Carolina Code 54-7-620
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • Gross vehicle weight rating: means the weight or the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle. See South Carolina Code 56-1-2030
  • 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.
  • Guardian: means a person who legally has the care and management of a child. See South Carolina Code 63-1-40
  • handicapped: means a person who has one or more of the following conditions:

    (1) an inability to ordinarily walk one hundred feet nonstop without aggravating an existing medical condition, including the increase of pain;

    (2) an inability to ordinarily walk without the use of, or assistance from a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device;

    (3) a restriction by lung disease to the extent that the person's forced expiratory volume for one second when measured by spirometry is less than one liter, or the arterial oxygen tension is less than sixty mm/hg on room air at rest;

    (4) requires use of portable oxygen;

    (5) a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards established by the American Heart Association. See South Carolina Code 56-3-1910
  • Handicapped: means a person as defined in Section 56-3-1910. See South Carolina Code 56-3-1950
  • Hazardous materials: means any material that has been designated as hazardous under 49 C. See South Carolina Code 56-1-2030
  • Historic property: means a district, site, building, structure, or object significant in the prehistory, history, upland and underwater archaeology, architecture, engineering, and culture of the State, including artifacts, records, and remains related to the district, site, building, structure, or object. See South Carolina Code 54-7-620
  • Home inspection: means the rendering of a written or oral report in exchange for compensation of any sort, regarding the condition of the construction or improvements to a residence including, but not limited to, structural problems or conditions, damage, safety problems, deterioration, equipment, and systems that are visible and readily accessible. See South Carolina Code 40-59-500
  • Home inspector: means an individual who, for compensation of any sort, engages in the business of home inspection. See South Carolina Code 40-59-500
  • identifying code: means a symbol, number, or letter of the alphabet developed by the department to identify a person convicted of or pleading guilty or nolo contendere to a crime of violence as defined in Section 16-23-10(3) on or after July 1, 2011. See South Carolina Code 56-1-148
  • Immediate environment: means that area surrounding a submerged archaeological historic property or submerged paleontological site which, if disturbed, could result in substantive injury to the property, including, without limitation, the debris field. See South Carolina Code 54-7-620
  • Indemnification: 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: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Institute: means the South Carolina Institute of Archaeology and Anthropology. See South Carolina Code 54-7-620
  • Intensive survey: means a field and archival investigation of an area designed to gather and identify fully information about submerged archaeological historic properties sufficient to evaluate them in relation to National Register criteria of significance within specific historical contexts. See South Carolina Code 54-7-620
  • 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: OCC
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Judge: means the judge of the family court. See South Carolina Code 63-1-40
  • 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.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • 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
  • Legatee: A beneficiary of a decedent
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a license, registration, or certification issued in accordance with this chapter. See South Carolina Code 40-59-20
  • Licensee: means any person or entity authorized to perform certain recovery operations from a submerged archaeological historic property or submerged paleontological property under the provisions of this article by the South Carolina Institute of Archaeology and Anthropology. See South Carolina Code 54-7-620
  • 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.
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Monitoring archaeologist: means an underwater archaeologist selected by the institute for the purpose of monitoring work activity under a license issued by the institute. See South Carolina Code 54-7-620
  • Monitoring paleontologist: means a paleontologist or Natural History Curator selected by the museum commission for the purpose of monitoring work activity under a license issued by the institute. See South Carolina Code 54-7-620
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motor vehicle: means a vehicle which is self- propelled and a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails, except a vehicle moved solely by human power and motorized wheelchairs. See South Carolina Code 56-1-2030
  • National Register: means the National Register of Historic Places maintained by the Secretary of the United States Department of the Interior. See South Carolina Code 54-7-620
  • Navigable waters: means all waters belonging to the State which are navigable in fact or were navigable in the past. See South Carolina Code 54-7-620
  • Nolo 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.
  • Noncommercial applicant: means a person seeking a license for the purpose of gathering scientific, historical, or architectural data for either:

    (a) public exhibition, interpretation, or preservation and not for the purpose of producing income, profit, or gain; or

    (b) mitigation of adverse effects of a proposed undertaking on submerged archaeological historic property or submerged paleontological property. See South Carolina Code 54-7-620
  • Oath: A promise to tell the truth.
  • Object: means a material thing produced or resulting from human activity which has functional, aesthetic, cultural, historical, or scientific value and which includes artifactual material. See South Carolina Code 54-7-620
  • 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.
  • Out-of-service order: means declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a person, a commercial motor vehicle, or a motor carrier operation is out of service pursuant to 49 CFR Sections 386. See South Carolina Code 56-1-2030
  • Paleontological property: means paleontological material or any site which contains paleontological material. See South Carolina Code 54-7-620
  • Parent: means biological parent, adoptive parents, step-parent, or person with legal custody. See South Carolina Code 63-1-40
  • 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.
  • Party state: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See South Carolina Code 56-1-630
  • Person: means an individual, partnership, corporation, association, organized group of persons, or any other legal entity. See South Carolina Code 54-7-620
  • Personal property: All property that is not real property.
  • 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.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • 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.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Preservation: means the identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, and reconstruction of a submerged archaeological historic property or a submerged paleontological property. See South Carolina Code 54-7-620
  • Primary scientific value: means any submerged archaeological historic property or submerged paleontological property which:

    (a) yields or may yield information of great importance or significance to state, regional, national or international history or prehistory. See South Carolina Code 54-7-620
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public 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.
  • Reconnaissance survey: means a limited archival and field investigation, designed and accomplished in sufficient detail to make generalizations about the type, distribution, and value of an area's submerged archaeological historic properties or submerged paleontological sites, which may include data collection but may not include excavation, data recovery, or artifact recovery. See South Carolina Code 54-7-620
  • 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.
  • Residence: means a structure including, but not limited to, condominiums and townhouses intended to be used or in fact used primarily for living quarters which is not over three floors in height and which does not have more than sixteen units. See South Carolina Code 40-59-500
  • Residential builder: means one who constructs, superintends, or offers to construct or superintend the construction, repair, improvement, or reimprovement of a residential building or structure which is not over three floors in height and which does not have more than sixteen units in any single apartment building, when the cost of the undertaking exceeds five thousand dollars. See South Carolina Code 40-59-20
  • Residential specialty contractor: means an independent contractor who is not a licensed residential builder, who contracts with a licensed residential builder, general contractor, or individual property owner to do construction work, repairs, improvement, or reimprovement which requires special skills and involves the use of specialized construction trades or craft, when the undertakings exceed two hundred dollars and are not regulated by the provisions of Chapter 11. See South Carolina Code 40-59-20
  • Restriction: means a prohibition against driving certain types of vehicles or a requirement that the driver comply with certain conditions when driving a motor vehicle. See South Carolina Code 56-1-2030
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • School bus: means a commercial motor vehicle used to transport pre-primary, primary, or secondary students from home to school, from school to home, or to and from school-sponsored events. See South Carolina Code 56-1-2030
  • service: means personal service or delivery by certified mail to the last known address of the addressee. See South Carolina Code 40-59-820
  • 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.
  • Site: means :

    (a) the location of an event, a prehistoric or historic occupation or activity, or a building or structure including a shipwreck, whether standing, ruined, or vanished, and its debris field where the location itself maintains historical or archaeological value regardless of the value of any existing structure;

    (b) the location of an accumulation of paleontological material where the location itself maintains paleontological value. See South Carolina Code 54-7-620
  • State: means the State of South Carolina. See South Carolina Code 54-7-620
  • State: means a state or territory of the United States and the District of Columbia and the federal government and a province or territory of Canada. See South Carolina Code 56-1-2030
  • State Museum: means the South Carolina Museum Commission authorized by this article as custodians of paleontological materials. See South Carolina Code 54-7-620
  • State Underwater Archaeologist: means a person appointed by the Director of the South Carolina Institute of Archaeology and Anthropology who administers this article. See South Carolina Code 54-7-620
  • 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.
  • Structure: means a constructed work made up of interdependent and interrelated parts in a definite pattern of organization. See South Carolina Code 54-7-620
  • Submerged: means beneath or substantially beneath the territorial waters of the State or submerged at mean low tide. See South Carolina Code 54-7-620
  • Submerged archaeological historic property: means any site, vessel, structure, object, or remains which:

    (a) yields or is likely to yield information of significance to scientific study of human prehistory, history, or culture; and

    (b)(i) is embedded in or on submerged lands and has remained unclaimed for fifty years or longer; or

    (ii) is included in, or has been determined, or may be eligible for inclusion in the National Register of Historic Places. See South Carolina Code 54-7-620
  • Submerged lands: means lands beneath or substantially beneath the territorial waters of the State or which are submerged at mean low tide. See South Carolina Code 54-7-620
  • Submerged paleontological property: means any object or assemblage of objects found in a paleontological context which yield or are likely to yield information of significance to the scientific study or educational potential of the past faunal diversity, past environments, geologic time, or other paleontological concerns. See South Carolina Code 54-7-620
  • Substantive injury: means any action or influence which causes a change in the archaeological or paleontological context, the structural integrity, or the physical condition of a site as to render it more vulnerable to loss, damage, destruction, or diminution of historic or paleontological value. See South Carolina Code 54-7-620
  • Supportive services: means services that help a person with a disability compensate for those aspects of the disability that affect the ability to care for a child and that enables the person to fulfill parental responsibilities including, but not limited to, specialized or adapted training, evaluations, and assistance with effective use of adaptive equipment, and accommodations that enable a person with a disability to benefit from other services, such as braille text or sign language interpretation. See South Carolina Code 63-21-10
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Territorial waters: means the navigable waters of the State, namely, all tidal waters within the boundaries of the State up to, but not above, the line of mean low tide and seaward to a line three geographical miles distant from the coastline of the State measured by reference to mean low tide elevation as defined in the Geneva Convention, Article 11, and such other waters of the State as may be included within the term "lands beneath navigable waters" as defined in the Federal Abandoned Shipwreck Act of 1987. See South Carolina Code 54-7-620
  • 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.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Undertaking: means an activity by the institute or South Carolina Museum Commission that would otherwise require a license under this article. See South Carolina Code 54-7-620
  • 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: means the fifty states and the District of Columbia. See South Carolina Code 56-1-2030
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Verdict: The decision of a petit jury or a judge.