Terms Used In South Carolina Code > Title 46 > Chapter 25 > Article 13 - Penalties, Actions, and Orders

• 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.
• 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.
• 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.
• Captain of the Port: means the United States Coast Guard officer designated by the Commandant of the Coast Guard to perform that function pursuant to Section 1. See South Carolina Code 54-17-20
• Commercial fertilizer: means a substance containing one or more recognized plant nutrients used for plant nutrient content and designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and other products exempted by regulation of the commission. See South Carolina Code 46-25-20
• Commission: means the group of individuals comprising the Maritime Security Commission. See South Carolina Code 54-17-20
• Commission: means the State Crop Pest Commission or an officer or employee of the commission to whom it delegates its authority. See South Carolina Code 46-25-20
• 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.
• Conviction: A judgement of guilt against a criminal defendant.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Director: means the Director of Regulatory and Public Service Programs, Clemson University. See South Carolina Code 46-25-20
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Distributor: means a person who imports, consigns, manufactures, produces compounds of, mixes, or blends commercial fertilizer or who offers for sale, sells, barters, or otherwise supplies commercial fertilizer in this State. See South Carolina Code 46-25-20
• District Commander: means the Coast Guard officer designated by the Commandant of the Coast Guard to command a Coast Guard district. See South Carolina Code 54-17-20
• 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.
• Fiduciary: A trustee, executor, or administrator.
• Guaranteed analysis: means the minimum percentage of plant nutrients claimed in accordance with § 46-25-30. See South Carolina Code 46-25-20
• 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}
• 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.
• Label: means the display of all written, printed, or graphic matter upon the immediate container or statement accompanying a commercial fertilizer. See South Carolina Code 46-25-20
• Labeling: means all written, printed, or graphic matter upon or accompanying commercial fertilizer or advertisements, brochures, posters, television, and radio announcements used in promoting the sale of commercial fertilizers. See South Carolina Code 46-25-20
• Lien: A claim against real or personal property in satisfaction of a debt.
• Memorandum of Agreement: means a document that must be executed by the Chairman of the Maritime Security Commission and the Attorney General of South Carolina on behalf of the State and the United States Navy, detailing fiduciary duties, potential liability, and federal support issues for a South Carolina Naval Militia and must be renewed every five years. See South Carolina Code 54-17-20
• Percent: means the percentage by weight. See South Carolina Code 46-25-20
• Person: includes individual, partnership, association, firm, and corporation. See South Carolina Code 46-25-20
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Port: means a developed area of maritime commerce. See South Carolina Code 54-17-20
• Privileges: means that based upon title or membership, an individual is entitled to accommodations of the naval service and such recognition by other services of this State. See South Carolina Code 54-17-20
• Registrant: means the person who registers commercial fertilizer under this chapter. See South Carolina Code 46-25-20
• Security zone: means an area of land, water, or land and water which is so designated by the Captain of the Port or District Commander for such time as may be necessary to prevent damage or injury to any vessel or waterfront facility, to safeguard ports, harbors, territories, or waters of the United States, or to secure the observance of the rights and obligations of the United States. See South Carolina Code 54-17-20
• Service of process: The service of writs or summonses to the appropriate party.
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.