Terms Used In Virginia Code > Title 18.2 > Chapter 6
- Acquirer: means a business organization, financial institution or an agent of a business organization or financial institution that authorizes a merchant to accept payment by credit card or credit card number for money, goods, services or anything else of value. See Virginia Code 18.2-191
- Adult: means a person 18 years of age or more. See Virginia Code 1-203
- 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.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- agent: means a person not less than 16 years of age charged by an entity with the responsibility of navigating and operating an electric personal delivery device. See Virginia Code 46.2-100
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Apartment: means an apartment, apartment dwelling unit, unit, house or home which is an enclosed space consisting of one or more rooms occupying all or part of one or more floors in a building or buildings of one or more floors or stories regardless of whether it be designed or used for residence, for office, for the operation of any industry or business, or for any other type of independent use, or combination of uses, and shall include such accessories as may be appurtenant thereto, such as garage space, storage space, balcony, terrace and patio. See Virginia Code 55-79.2
- Arrest: Taking physical custody of a person by lawful authority.
- Bank: means any bank or trust company organized under the laws of the Commonwealth. See Virginia Code 6.2-925
- Bank: means a corporation authorized by statute to accept deposits and to hold itself out to the public as engaged in the banking business in the Commonwealth. See Virginia Code 6.2-800
- Bank holding company: means any corporation (i) that directly or indirectly owns, controls, or holds with power to vote, 25 percent or more of the voting shares of one or more banks or of a corporation that is or becomes a bank holding company by virtue of this definition, (ii) that controls in any manner the election of a majority of the directors of one or more banks, or (iii) for the benefit of whose shareholders or members 25 percent or more of the voting shares of one or more banks or bank holding companies is held by trustees. See Virginia Code 6.2-800
- 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
- Bequest: Property gifted by will.
- Bicycle: means a device propelled solely by human power, upon which a person may ride either on or astride a regular seat attached thereto, having two or more wheels in tandem, including children's bicycles, except a toy vehicle intended for use by young children. See Virginia Code 46.2-100
- Board: means the Common Interest Community Board;
(c) "Condominium" means the ownership of a single unit in a multiple unit structure with common elements in a condominium project;
(d) "Condominium project" means a real estate condominium project; a plan or project whereby four or more apartments, rooms, office spaces, or other units existing or proposed whether the unit involves a single structure, attached to or detached from other units, or is in one or more multiple unit structures, on contiguous parcels of real estate are offered or proposed to be offered for sale;
(e) "Co-owner" means a person, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof who owns an apartment within the building or buildings;
(f) "Council of co-owners" means all the co-owners as defined in subsection (e) of this section, acting as a group in accordance with the bylaws of the horizontal property regime;
(g) "Developer" means a person who undertakes to develop a real estate condominium project;
(h) "General common elements" unless otherwise provided in the master deed or lease means and includes:
(1) The land whether leased or in fee simple, on which the building or buildings stand;
(2) The foundations, main walls, roofs, halls, lobbies, stairways, and entrances and exits or communication ways;
(3) The basements, flat roofs, yards, and gardens, except as otherwise provided or stipulated;
(4) The premises for the lodging of janitors or persons in charge of the building or buildings, except as otherwise provided or stipulated;
(5) The compartments or installations of central services such as power, light, gas, cold and hot water, refrigeration, reservoirs, water tanks and pumps, and the like;
(6) The elevators, garbage incinerators and, in general all devices or installations existing for common use; and
(7) All other elements of the property rationally of common use or necessary to its existence, upkeep and safety;
(i) "Limited common elements" means and includes those common elements which are agreed upon by all of the co-owners to be reserved for the use of a certain number of apartments to the exclusion of the other apartments, such as special corridors, stairways and elevators, sanitary services common to the apartments of a particular floor, and the like;
(j) "Majority of co-owners" means more than fifty percent of the votes of the co-owners computed in accordance with the bylaws of the horizontal property regime;
(k) "Master deed" or "master lease" means the deed or lease recording the property of the horizontal property regime;
(l) "Person" means an individual, firm, corporation, partnership, association, trust or other legal entity or any combination thereto;
(m) "Property" means and includes the land whether leasehold or in fee simple and the building or buildings, all improvements and structures thereon and all easements, rights and appurtenances belonging thereto;
(n) "To record" means to record pursuant to the laws of this Commonwealth relating to the recordation of deeds. See Virginia Code 55-79.2
- Camping trailer: means every vehicle that has collapsible sides and contains sleeping quarters but may or may not contain bathing and cooking facilities and is designed to be drawn by a motor vehicle. See Virginia Code 46.2-100
- Cardholder: means the person or organization named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer. See Virginia Code 18.2-191
- Circular intersection: means an intersection that has an island, generally circular in design, located in the center of the intersection, where all vehicles pass to the right of the island. See Virginia Code 46.2-100
- City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
- 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 Corporation Commission. See Virginia Code 46.2-100
- Commissioner: means the Commissioner of the Department of Motor Vehicles of the Commonwealth. See Virginia Code 46.2-100
- 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.
- Continuance: Putting off of a hearing ot trial until a later time.
- Conviction: A judgement of guilt against a criminal defendant.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Courts of record: means the Supreme Court of Virginia, the Court of Appeals of Virginia, and the circuit courts. See Virginia Code 1-212
- Credit card: means any instrument or device, whether known as a credit card, credit plate, payment device number, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value on credit. See Virginia Code 18.2-191
- 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
- Crosswalk: means that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. See Virginia Code 46.2-100
- Decal: means a device to be attached to a license plate that validates the license plate for a predetermined registration period. See Virginia Code 46.2-100
- Decedent: A deceased person.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Department: means the Department of Motor Vehicles of the Commonwealth. See Virginia Code 46.2-100
- Disabled veteran: means a veteran who (i) has either lost, or lost the use of, a leg, arm, or hand; (ii) is blind; or (iii) is permanently and totally disabled as certified by the U. See Virginia Code 46.2-100
- Donor: The person who makes a gift.
- driver: means every person who either (i) drives or is in actual physical control of a motor vehicle on a highway or (ii) is exercising control over or steering a vehicle being towed by a motor vehicle. See Virginia Code 46.2-100
- Electric personal assistive mobility device: means a self-balancing two-nontandem-wheeled device that is designed to transport only one person and powered by an electric propulsion system that limits the device's maximum speed to 15 miles per hour or less. See Virginia Code 46.2-100
- Electric power-assisted bicycle: means a vehicle that travels on not more than three wheels in contact with the ground and is equipped with (i) pedals that allow propulsion by human power and (ii) an electric motor with an input of no more than 1,000 watts that reduces the pedal effort required of the rider and ceases to provide assistance when the bicycle reaches a speed of no more than 20 miles per hour. See Virginia Code 46.2-100
- Electronic communication device: means (i) any type of instrument, device, machine, equipment or software that is capable of transmitting, acquiring, encrypting, decrypting or receiving any signs, signals, writings, images and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems or (ii) any part, accessory or component of such an instrument, device, machine, equipment or software, including, but not limited to, any computer circuit, computer chip, security module, smart card, electronic mechanism, or other component, accessory or part, that is capable of facilitating the transmission, acquisition, encryption, decryption or reception of signs, signals, writings, images, and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems. See Virginia Code 18.2-190.1
- Electronic communication service: means any service provided for a charge or compensation to facilitate the lawful origination, transmission, emission or reception of signs, signals, writings, images and sounds or intelligence of any nature through the use of an electronic communication device as that term is defined in this section. See Virginia Code 18.2-190.1
- Electronic communication service provider: means any person or entity providing any electronic communication service including (i) any person or entity owning or operating any cable television, satellite, Internet-based, telephone, wireless, microwave, fiber optic, data transmission or radio distribution network, system or facility; (ii) any person or entity that for a fee supplies equipment or services to an electronic communication service provider; and (iii) any person or entity providing an electronic communication service directly or indirectly using any of the systems, networks, or facilities described in clause (i). See Virginia Code 18.2-190.1
- Equipment or materials used to manufacture an unlawful electronic communication device: means (i) a scanner capable of intercepting the electronic serial number or mobile identification number of a cellular or other wireless telephone; (ii) electronic software or hardware capable of altering or changing the factory-installed electronic serial number of a cellular or other wireless telephone or a computer containing such software; (iii) a list of cellular or other wireless telephone electronic serial numbers with their associated mobile identification numbers; or (iv) a part, accessory or component of an unlawful electronic communications device possessed or used in the manufacture of such device including any electronic serial number, computer software, mobile identification number, service access card, account number, or personal identification number used to acquire, receive, use, decrypt or transmit an electronic communication service without the actual consent or knowledge of the electronic communication service provider. See Virginia Code 18.2-190.1
- 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
- Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
- 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.
- Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
- Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
- FDIC: means the Federal Deposit Insurance Corporation. See Virginia Code 6.2-800
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Felony: A crime carrying a penalty of more than a year in prison.
- Fiduciary: A trustee, executor, or administrator.
- 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
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Governing body: means the board of supervisors of a county, council of a city, or council of a town, as context may require. See Virginia Code 46.2-100
- Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
- Grantor: The person who establishes a trust and places property into it.
- Gross weight: means the aggregate weight of a vehicle or combination of vehicles and the load thereon. See Virginia Code 46.2-100
- 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.
- Highway: means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth, including the streets and alleys, and, for law-enforcement purposes, (i) the entire width between the boundary lines of all private roads or private streets that have been specifically designated "highways" by an ordinance adopted by the governing body of the county, city, or town in which such private roads or streets are located and (ii) the entire width between the boundary lines of every way or place used for purposes of vehicular travel on any property owned, leased, or controlled by the United States government and located in the Commonwealth. See Virginia Code 46.2-100
- inhabitants: means with reference to any county, city, town, political subdivision of the Commonwealth or any combination thereof, the natural persons in such county, city, town, political subdivision or combination as shown by the unadjusted United States decennial census last preceding the time at which any provision dependent upon population is being applied or the time as of which it is being construed. See Virginia Code 1-235
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
- Intersection: means (i) the area embraced within the prolongation or connection of the lateral curblines or, if none, then the lateral boundary lines of the roadways of two highways that join one another at, or approximately at, right angles, or the area within which vehicles traveling on different highways joining at any other angle may come in conflict; (ii) where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection, in the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection; or (iii) for purposes only of authorizing installation of traffic-control devices, every crossing of a highway or street at grade by a pedestrian crosswalk. See Virginia Code 46.2-100
- Intestate: Dying without leaving a will.
- Issuer: means the business organization or financial institution or its duly authorized agent which issues a credit card. See Virginia Code 18.2-191
- Juror: A person who is on the jury.
- lane: means that portion of a roadway designed or designated to accommodate the forward movement of a single line of vehicles. See Virginia Code 46.2-100
- Lane-use control signal: means a signal face displaying indications to permit or prohibit the use of specific lanes of a roadway or to indicate the impending prohibition of such use. See Virginia Code 46.2-100
- Law-enforcement officer: means any officer authorized to direct or regulate traffic or to make arrests for violations of this title or local ordinances authorized by law. See Virginia Code 46.2-100
- 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
- License plate: means a device containing letters, numerals, or a combination of both, attached to a motor vehicle, trailer, or semitrailer to indicate that the vehicle is properly registered with the Department. See Virginia Code 46.2-100
- Lien: A claim against real or personal property in satisfaction of a debt.
- Light: means a device for producing illumination or the illumination produced by the device. See Virginia Code 46.2-100
- Loaned property: means all museum property deposited on or after July 1, 2002, with a museum not accompanied by a transfer of title to the property. See Virginia Code 55-210.31
- Manufacture of an unlawful electronic communication device: means to make, produce or assemble an unlawful electronic communication device, or to modify, alter, program or reprogram an electronic communication device to be capable of performing any of the illegal functions of an unlawful electronic communication device as that term is defined in this section. See Virginia Code 18.2-190.1
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
- Moped: means every vehicle that travels on not more than three wheels in contact with the ground that (i) has a seat that is no less than 24 inches in height, measured from the middle of the seat perpendicular to the ground; (ii) has a gasoline, electric, or hybrid motor that (a) displaces 50 cubic centimeters or less or (b) has an input of 1500 watts or less; (iii) is power-driven, with or without pedals that allow propulsion by human power; and (iv) is not operated at speeds in excess of 35 miles per hour. See Virginia Code 46.2-100
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Motor vehicle: means every vehicle as defined in this section that is self-propelled or designed for self-propulsion except as otherwise provided in this title. See Virginia Code 46.2-100
- Motorized skateboard or scooter: includes vehicles with or without handlebars but does not include "electric personal assistive mobility devices. See Virginia Code 46.2-100
- Museum: means an institution located in Virginia and operated by a nonprofit corporation or public agency whose primary purpose is educational, scientific or aesthetic, that owns, borrows or cares for, and studies, archives or exhibits museum property. See Virginia Code 55-210.31
- Museum property: means all tangible objects, animate and inanimate, under a museum's care that have intrinsic value to science, history, art or culture, except for botanical or zoological specimens loaned to a museum for scientific research. See Virginia Code 55-210.31
- National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
- Nonresident: means every person who is not domiciled in the Commonwealth, except: (i) any foreign corporation that is authorized to do business in the Commonwealth by the State Corporation Commission shall be a resident of the Commonwealth for the purpose of this title; in the case of corporations incorporated in the Commonwealth but doing business outside the Commonwealth, only such principal place of business or branches located within the Commonwealth shall be dealt with as residents of the Commonwealth; (ii) a person who becomes engaged in a gainful occupation in the Commonwealth for a period exceeding 60 days shall be a resident for the purposes of this title except for the purposes of Chapter 3 (§ Source: FDIC
- 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.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Roadway: means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder. See Virginia Code 46.2-100
- Safety zone: means the area officially set apart within a roadway for the exclusive use of pedestrians and that is protected or is so marked or indicated by plainly visible signs. See Virginia Code 46.2-100
- Sales draft: means a paper or electronic form evidencing a purchase of goods, services or anything else of value from a merchant through the use of a credit card. See Virginia Code 18.2-191
- Sell: means to sell, exchange, lease, give or dispose of to another or to offer or agree to do the same. See Virginia Code 18.2-190.1
- Semitrailer: means every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests on or is carried by another vehicle. See Virginia Code 46.2-100
- Sheriff: shall include deputy sheriffs and such other persons designated in § 15. See Virginia Code 8.01-2
- Shoulder: means that part of a highway between the portion regularly traveled by vehicular traffic and the lateral curbline or ditch. See Virginia Code 46.2-100
- state agency: means the same as that term is defined in § 2. See Virginia Code 1-206
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Superintendent: means the Superintendent of the Department of State Police of the Commonwealth. See Virginia Code 46.2-100
- suspension: means that the document or privilege suspended has been temporarily withdrawn, but may be reinstated following the period of suspension unless it has expired prior to the end of the period of suspension. See Virginia Code 46.2-100
- sworn: means "affirm" or "affirmed. See Virginia Code 1-250
- Testate: To die leaving a will.
- Testify: Answer questions in court.
- Tier-city: means an incorporated community within a consolidated county that (i) has within defined boundaries a population of 5,000 or more, (ii) has been designated as a tier-city by the General Assembly, and (iii) has both the powers of a town and such additional powers as may be granted tier-cities by the General Assembly. See Virginia Code 1-252
- Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
- Traffic infraction: means a violation of law punishable as provided in § Source: OCC
- United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
- Unlawful electronic communication device: means any electronic communication device that has been manufactured, designed, developed, altered, modified, programmed or reprogrammed, alone or in conjunction with another electronic communication device, so as to be capable of facilitating the disruption, acquisition, receipt, transmission, retransmission or decryption of an electronic communication service without the actual consent or knowledge of the electronic communication service provider. See Virginia Code 18.2-190.1
- Vehicle: means every device in, on or by which any person or property is or may be transported or drawn on a highway, except electric personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. See Virginia Code 46.2-100
- Verdict: The decision of a petit jury or a judge.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.