Terms Used In South Carolina Code > Title 49 > Chapter 11 > Article 3 - Dams and Reservoirs Safety Act

• 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.
• Appurtenant works: include , but are not limited to, structures such as spillways, either in the dam or separate from it, low-level outlet works, and water conduits. See South Carolina Code 49-11-120
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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.
• Dam: means an artificial barrier with appurtenant works, including, but not limited to, dams, levees, dikes, or floodwalls for the impoundment or diversion of waters or other fluids where failure may cause danger to life or property. See South Carolina Code 49-11-120
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Danger to life or property: means a situation exists where the hazard potential as determined by the department is such that dam failure or improper reservoir operation may cause injury to persons, loss of human life, or damage to property. See South Carolina Code 49-11-120
• Dealer: means any person, firm, corporation, or business entity licensed or required to be licensed under this chapter to sell new recreational vehicles to the retail public. See South Carolina Code 56-14-10
• Dealership facilities: means the real estate, buildings, fixtures, and improvements devoted to the conduct of business under the franchise by the new motorcycle dealer. See South Carolina Code 56-16-10
• Department: means the South Carolina Department of Health and Environmental Control or its staff or agents. See South Carolina Code 49-11-120
• Detailed inspection: means all studies, investigations, and analyses necessary to evaluate conclusively the structural safety and hydraulic capacity of a dam or reservoir and appurtenant works. See South Carolina Code 49-11-120
• Distributor: means any person who sells or distributes new motorcycles to motorcycle dealers or who maintains distributor representatives within the State. See South Carolina Code 56-16-10
• Distributor branch: means a branch office maintained by a distributor who sells or distributes new or used motorcycles to motorcycle dealers. See South Carolina Code 56-16-10
• Distributor representative: means a representative employed by a distributor branch or distributor. See South Carolina Code 56-16-10
• Districts: means the soil and water conservation districts of this State. See South Carolina Code 49-11-120
• Enlargement: means a change in or an addition to an existing dam or reservoir which raises or may raise the water storage elevation of the water impounded by the dam or reservoir. See South Carolina Code 49-11-120
• 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.
• Factory branch: means a branch office maintained by a manufacturer which manufactures or assembles motorcycles for sale to distributors or motorcycle dealers or which is maintained for directing and supervising the representatives of the manufacturer. See South Carolina Code 56-16-10
• Factory representative: means a representative employed by a manufacturer or by a factory branch for the purpose of making or promoting the sale of motorcycles or for supervising, servicing, instructing, or contracting with motorcycle dealers or prospective motorcycle dealers. See South Carolina Code 56-16-10
• Family member: means a spouse, child, grandchild, parent, sibling, niece, nephew, or the spouse thereof. See South Carolina Code 56-14-10
• Franchise: means the written agreement or contract between any new motorcycle manufacturer, and any new motorcycle dealer which purports to fix the legal rights and liabilities of the parties to such agreement or contract, and pursuant to which the dealer purchases and resells the franchised product or leases or rents the dealership premises. See South Carolina Code 56-16-10
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Line make: means a specific series of recreational vehicle products that:
  
  (a) are identified by a common series trade name or trademark;
  
  (b) are targeted to a particular market segment, as determined by their decor, features, equipment, size, weight, and price range;
  
  (c) have lengths and interior floor plans that distinguish the recreational vehicles from other recreational vehicles with substantially the same decor, equipment, features, price, and weight;
  
  (d) belong to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body; and
  
  (e) the manufacturer/dealer agreement authorizes a dealer to sell. See South Carolina Code 56-14-10
• Manufacturer: means any person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicles. See South Carolina Code 56-14-10
• Manufacturer: means any person, resident, or nonresident who manufacturers or assembles new motorcycles, or imports for distribution through distributors of motor vehicles, including any person, partnership, or corporation which acts for and is under the control of a manufacturer or assembler in connection with the distribution of motorcycles and includes distributor and factory branch. See South Carolina Code 56-16-10
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• motorcycle dealer: means any person who sells or attempts to effect the sale of any motorcycle. See South Carolina Code 56-16-10
• New motorcycle: means a motorcycle which has not been previously sold to any person except a distributor or wholesaler or motorcycle dealer for resale. See South Carolina Code 56-16-10
• New recreational vehicle: means a recreational vehicle that has never been sold to the retail public nor titled or registered in any state. See South Carolina Code 56-14-10
• 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.
• Order: means a written document prepared and issued by the department which mandates specific actions to be accomplished by a dam owner within a specified time frame. See South Carolina Code 49-11-120
• Owner: means those who own, control, operate, maintain, manage, or propose to construct a dam or reservoir. See South Carolina Code 49-11-120
• 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.
• Person: means a natural person, corporation, partnership, trust, or other entity, and in case of an entity, includes any other entity in which it has a majority interest or effectively controls, as well as the individual officers, directors, and other persons in active control of the activities of each such entity. See South Carolina Code 56-14-10
• Person: means a natural person, corporation, partnership, trust, or other entity, and, in case of an entity, it includes any other entity in which it has a majority interest or effectively controls as well as the individual officers, directors, and other persons in active control of the activities of each such entity. See South Carolina Code 56-16-10
• Recreational vehicle: means a motorhome, travel trailer, fifth-wheel trailer, or folding camping trailer designed to provide temporary living quarters for recreational, camping, or travel use, as defined herein. See South Carolina Code 56-14-10
• Removal: means destruction or breaching of an existing dam or drainage of water impoundment or reservoir. See South Carolina Code 49-11-120
• Reservoir: means a reservoir which contains the impoundment of water by a dam or reservoir. See South Carolina Code 49-11-120
• Sale: means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, of any motorcycle or interest therein or of any franchise related thereto and any option, subscription, or other contract, or solicitation, looking to a sale, or offer or attempt to sell in any form, whether spoken or written. See South Carolina Code 56-16-10
• Service of process: The service of writs or summonses to the appropriate party.
• Transient customer: means a customer who is temporarily traveling through a dealer's area of sales responsibility. See South Carolina Code 56-14-10
• Trustee: A person or institution holding and administering property in trust.
• Unsafe: means the condition of the dam is such that repairs or alterations are necessary to reduce the risk of dam failure. See South Carolina Code 49-11-120
• Venue: The geographical location in which a case is tried.
• Warrantor: means any person, firm, corporation, or business entity, including any manufacturer or supplier that provides a written warranty to the consumer in connection with a new recreational vehicle or a part, accessory, or component. See South Carolina Code 56-14-10