Terms Used In South Carolina Code > Title 44 > Chapter 63
- 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.
- 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.
- Amusement device: means any mechanical device or combination of devices which carries or conveys passengers on, along, around, over, or through a fixed or restricted course or within a defined area for the purpose of giving its passengers amusement, pleasure, or excitement. See South Carolina Code 41-18-40
- Amusement park: means a tract or area used principally as a permanent location for amusement devices or structures. See South Carolina Code 41-18-40
- 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.
- Carnival: means an itinerant enterprise consisting principally of temporary amusement devices or mechanical rides operated to provide entertainment or amusement to the public. See South Carolina Code 41-18-40
- Catastrophic accident: means an incident resulting in fatality or three or more injuries resulting in hospitalization. See South Carolina Code 41-18-40
- 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.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Concession go-kart: means an amusement ride or device that:
(i) is a single vehicle, unattached to other vehicles or a common frame system;
(ii) is powered without connection to a common energy source;
(iii) is driver-controlled with respect to acceleration, speed, braking, and steering;
(iv) operates within the containment system of a defined track;
(v) simulates competitive motor sports; and
(vi) is used by members of the general public for a fee. See South Carolina Code 41-18-40
- 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.
- Decedent: A deceased person.
- Department: means the South Carolina Department of Labor, Licensing and Regulation. See South Carolina Code 41-18-40
- Dependent: A person dependent for support upon another.
- Director: means the Director of the South Carolina Department of Labor, Licensing and Regulation or the director's designee or representative. See South Carolina Code 41-18-40
- 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.
- Fair: means an enterprise principally devoted to the exhibition of the products of agriculture or industry and at which amusement devices or temporary structures are provided for use by the public. See South Carolina Code 41-18-40
- Felony: A crime carrying a penalty of more than a year in prison.
- 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.
- 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.
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- 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.
- Owner: means a person, corporation, partnership, or association who owns an amusement device or, in the event that the amusement device is leased, the lessee. See South Carolina Code 41-18-40
- 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.
- Permanent device: means a device which is used, or intended to be used, as an amusement device that is erected to remain a lasting part of the premises. See South Carolina Code 41-18-40
- Safety coordinator: means a person suited by training or experience and designated by the owner or operator of an amusement park, fair, or carnival as being in charge of the safety of all amusement devices located at the park, fair, or carnival. See South Carolina Code 41-18-40
- Serious injury: means an injury that results in death or requires immediate in-patient hospitalization. See South Carolina Code 41-18-40
- Special inspector: means an inspector licensed by the director and not employed by the department. See South Carolina Code 41-18-40
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
- Super-kart: means an open-wheel motorsport vehicle, with or without gearbox or shifter capability, used for racing in excess of fifty miles per hour. See South Carolina Code 41-18-40
- Temporary device: means a device which is used as an amusement device that is regularly relocated with or without disassembly. See South Carolina Code 41-18-40
- 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.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.