§ 8.01-50 Action for death by wrongful act; how and when to be brought
§ 8.01-50.1 Certification of expert witness opinion at time of service of process
§ 8.01-51 No action when deceased has compromised claim
§ 8.01-52 Amount of damages
§ 8.01-52.1 Admissibility of expressions of sympathy
§ 8.01-53 Class and beneficiaries; when determined
§ 8.01-54 Judgment to distribute recovery when verdict fails to do so
§ 8.01-55 Compromise of claim for death by wrongful act
§ 8.01-56 When right of action not to determine nor action to abate

Terms Used In Virginia Code > Title 8.01 > Chapter 3 > Article 5 - Death by Wrongful Act

  • Adjustment program: means any extended policy program under which a manufacturer undertakes to pay for all or any part of the cost of repairing, or to reimburse purchasers for all or any part of the cost of repairing, any condition that may substantially affect vehicle durability, reliability or performance, other than service provided under a safety or emission-related recall program. See Virginia Code 59.1-207.34
  • Adult: means a person 18 years of age or more. See Virginia Code 1-203
  • Advertisement: means a commercial message in any medium that aids, promotes, or assists, directly or indirectly, a lease-purchase agreement. See Virginia Code 59.1-207.18
  • 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.
  • Alcohol: means the product known as ethyl or grain alcohol obtained by distillation of any fermented liquor, rectified either once or more often, whatever the origin, and shall include synthetic ethyl alcohol, but shall not include methyl alcohol and alcohol completely denatured in accordance with formulas approved by the government of the United States. See Virginia Code 4.1-100
  • Alcohol vaporizing device: means any device, machine, or process that mixes any alcoholic beverages with pure oxygen or other gas to produce a vaporized product for the purpose of consumption by inhalation. See Virginia Code 4.1-100
  • Alcoholic beverages: includes alcohol, spirits, wine, and beer, and any one or more of such varieties containing one-half of one percent or more of alcohol by volume, including mixed alcoholic beverages, and every liquid or solid, powder or crystal, patented or not, containing alcohol, spirits, wine, or beer and capable of being consumed by a human being. See Virginia Code 4.1-100
  • All-terrain vehicle: means a motor vehicle having three or more wheels that is powered by a motor and is manufactured for off-highway use. See Virginia Code 46.2-100
  • 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.
  • Antique motor vehicle: means every motor vehicle, as defined in this section, which was actually manufactured or designated by the manufacturer as a model manufactured in a calendar year not less than 25 years prior to January 1 of each calendar year and is owned solely as a collector's item. See Virginia Code 46.2-100
  • Antique trailer: means every trailer or semitrailer, as defined in this section, that was actually manufactured or designated by the manufacturer as a model manufactured in a calendar year not less than 25 years prior to January 1 of each calendar year and is owned solely as a collector's item. See Virginia Code 46.2-100
  • 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.
  • 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.
  • Assertion of patent infringement: means (i) sending or delivering a demand letter to a target; (ii) threatening a target with litigation asserting, alleging, or claiming that the target has engaged in patent infringement; (iii) sending or delivering a demand letter to the customers of a target; or (iv) otherwise making claims or allegations, other than those made in litigation against a target, that a target has engaged in patent infringement or that a target should obtain a license to a patent in order to avoid litigation. See Virginia Code 59.1-215.1
  • 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.
  • Autocycle: means a three-wheeled motor vehicle that has a steering wheel and seating that does not require the operator to straddle or sit astride and is manufactured to comply with federal safety requirements for motorcycles. See Virginia Code 46.2-100
  • Automated external defibrillator: means a device that combines a heart monitor and defibrillator and (i) has been approved by the U. See Virginia Code 59.1-296
  • Automatic renewal: means a plan or arrangement in which a paid subscription or purchasing agreement is automatically renewed at the end of a definite term for a subsequent term of more than one month. See Virginia Code 59.1-207.45
  • Automatic renewal offer terms: means the following clear and conspicuous disclosures:

    1. See Virginia Code 59.1-207.45

  • 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.
  • Ballistic knife: means any knife with a detachable blade that is propelled by a spring-operated mechanism. See Virginia Code 18.2-307.1
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beer: means any alcoholic beverage obtained by the fermentation of an infusion or decoction of barley, malt, and hops or of any similar products in drinkable water and containing one-half of one percent or more of alcohol by volume. See Virginia Code 4.1-100
  • 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
  • bid: means a written offer or proposal by an exhibitor to a distributor in response to an invitation to bid for the right to exhibit a motion picture, stating the terms under which the exhibitor will agree to exhibit a motion picture;

    8. See Virginia Code 59.1-257

  • blind bidding: means the bidding for, negotiating for, or offering or agreeing to terms for the licensing or exhibition of a motion picture at any time before such motion picture has either been trade screened within the Commonwealth or the District of Columbia or Prince Georges and Montgomery Counties, Maryland, or before such motion picture, at the option of the distributor, otherwise has been made available for viewing within the Commonwealth, or the District of Columbia or Prince Georges and Montgomery Counties, Maryland, by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit such motion picture; and

    11. See Virginia Code 59.1-257

  • Board: means the Board of Directors of the Virginia Alcoholic Beverage Control Authority. See Virginia Code 4.1-100
  • Bottle: means any vessel intended to contain liquids and having a capacity of not more than 43 ounces. See Virginia Code 4.1-100
  • Business day: means any day except a Sunday or a legal holiday. See Virginia Code 59.1-296
  • Buyer: means a natural person who enters into a health club contract. See Virginia Code 59.1-296
  • Capital investment: means an investment by or on behalf of a qualified company on or after November 1, 2018, in real property, tangible personal property, or both, at a facility that is properly chargeable to a capital account or would be so chargeable with a proper election. See Virginia Code 59.1-284.31
  • Capital investment: means an expenditure, or an asset transfer from a different qualified company site outside of the eligible city to a facility within an eligible city, by or on behalf of the qualified company on or after April 1, 2018, in real property, tangible personal property, or both, at a facility within an eligible city that has been capitalized or is subject to being capitalized. See Virginia Code 59.1-284.32
  • Capital investment: means an expenditure by or on behalf of a qualified company on or after January 1, 2020, in real property, tangible personal property, or both, at a facility located in an eligible county that is properly chargeable to a capital account or would be so chargeable with a proper election. See Virginia Code 59.1-284.38
  • Capital investment: means an expenditure within an eligible locality, by or on behalf of a qualified company on or after January 1, 2021, in real property, tangible personal property, or both, at one of the facilities within an eligible locality that has been capitalized or is subject to being capitalized. See Virginia Code 59.1-284.39
  • Capital investment: means an expenditure by or on behalf of a qualified company on or after June 1, 2022, in real property, tangible personal property, or both, at a facility in an eligible county that is properly chargeable to a capital account or would be so chargeable with a proper election. See Virginia Code 59.1-284.41
  • Capital investment: means an investment by or on behalf of a qualified company on or after January 1, 2023, but prior to July 1, 2040, in real property, tangible personal property, or both, at a facility that is properly chargeable to a capital account or would be so chargeable with a proper election. See Virginia Code 59.1-284.42
  • Cash price: means the price at which the lessor would have sold the property to the consumer for cash on the date of the lease-purchase agreement. See Virginia Code 59.1-207.18
  • Child-resistant packaging: means packaging that is designed or constructed to meet the child-resistant effectiveness standards set forth in 16 C. See Virginia Code 59.1-293.10
  • 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.
  • Collision damage waiver: means any contract or contractual provision, whether separate from or a part of a motor vehicle rental agreement, whereby the lessor agrees, for a charge, to waive any and all claims against the lessee for any damages to the rental motor vehicle during the term of the rental agreement. See Virginia Code 59.1-207.30
  • Commissioner: means the Commissioner of Agriculture and Consumer Services, or a member of his staff to whom he may delegate his duties under this chapter. See Virginia Code 59.1-296
  • 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.
  • Comparable alternate facility: means a health club facility that is reasonably of like kind, in nature and quality, to the health club facility originally contracted, whether such facility is in the same location but owned or operated by a different health club or is at another location of the same health club. See Virginia Code 59.1-296
  • comparison price: means the direct or indirect comparison in any advertisement whether or not expressed wholly or in part in dollars, cents, fractions, or percentages, and whether or not such price is actually stated in the advertisement. See Virginia Code 59.1-207.40
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consumer: means a natural person who rents personal property under a lease-purchase agreement to be used primarily for personal, family or household purposes. See Virginia Code 59.1-207.18
  • Consumer: means the purchaser, other than for purposes of resale, or the lessee of a motor vehicle and shall also include any person to whom such motor vehicle is transferred and any other person entitled by the terms of adjustment program to enforce its obligations. See Virginia Code 59.1-207.34
  • Consumer: means any individual who seeks or acquires, by purchase or lease, any goods, services, money, or credit for personal, family, or household purposes. See Virginia Code 59.1-207.45
  • Consummation: means the time a consumer becomes contractually obligated on a lease-purchase agreement. See Virginia Code 59.1-207.18
  • Container: means any barrel, bottle, carton, keg, vessel, or other receptacle used for holding alcoholic beverages. See Virginia Code 4.1-100
  • Continuous service: means a plan or arrangement in which a subscription or purchasing agreement continues until the consumer cancels the service. See Virginia Code 59.1-207.45
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract for invention development services: means a contract by which an invention developer undertakes invention development services for a customer. See Virginia Code 59.1-208
  • Contract price: means the sum of the initiation fee, if any, and all monthly fees except interest required by the health club contract. See Virginia Code 59.1-296
  • 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.
  • Customer: means any person, firm, partnership, corporation, or other entity that enters into a contract for invention development services with an invention developer. See Virginia Code 59.1-208
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means any motor vehicle dealer as defined in § 46. See Virginia Code 59.1-207.34
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Demand letter: means a letter, email, or other communication asserting, alleging, or claiming that the target has engaged in patent infringement, or that a target should obtain a license to a patent in order to avoid litigation, or any similar assertion. See Virginia Code 59.1-215.1
  • Dependent: A person dependent for support upon another.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • distributor: means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing;

    4. See Virginia Code 59.1-257

  • Disturbed land: means the area from which overburden has been removed in any mining operation, plus the area covered by the spoil and refuse, plus any area used in such mining operation, including land used for processing, stockpiling, or settling ponds. See Virginia Code 45.2-1200
  • Division: means the Division of Mineral Mining. See Virginia Code 45.2-1200
  • Division: means the Division of Consumer Counsel in the Department of Law. See Virginia Code 59.1-207.34
  • Eligible city: means the City of Manassas. See Virginia Code 59.1-284.32
  • Eligible county: means Arlington County. See Virginia Code 59.1-284.31
  • Eligible county: means Fairfax County. See Virginia Code 59.1-284.38
  • Eligible county: means Chesterfield County. See Virginia Code 59.1-284.41
  • Eligible locality: means the City of Norfolk or the County of Arlington. See Virginia Code 59.1-284.39
  • 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.
  • exhibition: means showing a motion picture to the public for a charge;

    6. See Virginia Code 59.1-257

  • exhibitor: means any person engaged in the business of operating one or more theaters;

    5. See Virginia Code 59.1-257

  • Facilities: means the buildings, group of buildings, or campus, including any related furniture, fixtures, equipment, and business personal property, in an eligible locality that is owned, leased, licensed, occupied, or otherwise operated by or on behalf of a qualified company for use as a headquarters facility, a customer care center, or a research and development innovation center in the furtherance of its shipping and logistics business. See Virginia Code 59.1-284.39
  • Facility: means the building, group of buildings, or corporate campus located in the eligible county, including any related machinery, furniture, fixtures, and equipment, that is owned, leased, licensed, occupied, or otherwise operated by a qualified company as a major headquarters facility for use in the administration, management, and operation of its business. See Virginia Code 59.1-284.31
  • Facility: means the building, group of buildings, or manufacturing, distribution, and research and development campus, including any related machinery and tools, furniture, fixtures, and equipment, in an eligible city that is owned, leased, licensed, occupied, or otherwise operated by the qualified company for use in the manufacture of, or research and development for, semiconductors and other electronic devices. See Virginia Code 59.1-284.32
  • Facility: means the building, group of buildings, or corporate campus, including any related machinery and tools, furniture, fixtures, and business personal property, located in an eligible county, that is owned, leased, licensed, occupied, or otherwise operated by a qualified company for use in the administration, management, and operation of its business, including software development and technology research and development. See Virginia Code 59.1-284.38
  • Facility: means the building, group of buildings, or corporate campus, including any related machinery and tools, furniture, fixtures, and business personal property, that is located at or near a qualified company's operations in an eligible county and is owned, leased, licensed, occupied, or otherwise operated by a qualified company as a temporary or permanent manufacturing and distribution facility for use in the administration, management, and operation of its business. See Virginia Code 59.1-284.41
  • Facility: means the one or more buildings, group of buildings, and ancillary facilities and equipment that are located in a locality or localities identified in a memorandum of understanding and that are owned, occupied, or otherwise operated by or for the qualified company for data center and cloud computing cluster operations. See Virginia Code 59.1-284.42
  • Facility: means a location where health club services are offered as designated in a health club contract. See Virginia Code 59.1-296
  • 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.
  • farm: means any person that obtains at least 51 percent of its annual gross income from agricultural operations and produces the agricultural waste used as feedstock for the waste-to-energy technology, (ii) "agricultural waste" means biomass waste materials capable of decomposition that are produced from the raising of plants and animals during agricultural operations, including animal manures, bedding, plant stalks, hulls, and vegetable matter, and (iii) "waste-to-energy technology" means any technology, including but not limited to a methane digester, that converts agricultural waste into gas, steam, or heat that is used to generate electricity on-site. See Virginia Code 1-222.1
  • Farm winery: means (i) an establishment or cooperative located in the Commonwealth on land zoned agricultural that has (a) a vineyard, orchard, or similar growing area that produces fruits or other agricultural products used to manufacture the wine of such farm winery, subject to the requirements set forth in § 4. See Virginia Code 4.1-100
  • Fiduciary: A trustee, executor, or administrator.
  • 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.
  • 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
  • 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
  • Fund: means the Major Headquarters Workforce Grant Fund. See Virginia Code 59.1-284.31
  • Fund: means the Semiconductor Manufacturing Grant Fund. See Virginia Code 59.1-284.32
  • Fund: means the Technology Development Grant Fund. See Virginia Code 59.1-284.38
  • Fund: means the Shipping and Logistics Headquarters Grant Fund. See Virginia Code 59.1-284.39
  • Fund: means the Precision Plastic Manufacturing Grant Fund. See Virginia Code 59.1-284.41
  • Fund: means the Cloud Computing Cluster Infrastructure Grant Fund. See Virginia Code 59.1-284.42
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grant: means a grant from the Fund awarded to a qualified company in an amount of $22,000 per new full-time job for the first 25,000 new full-time jobs, for a maximum aggregate amount of $550 million, and $15,564 per new full-time job for up to 12,850 additional new full-time jobs, for an additional maximum aggregate amount of $200 million, as calculated in accordance with the memorandum of understanding. See Virginia Code 59.1-284.31
  • Grant: means a grant from the Fund awarded to a qualified company in an aggregate amount of up to $70,000,000. See Virginia Code 59.1-284.32
  • Grant: means a grant from the Fund awarded to a qualified company in an aggregate amount of up to $9,042,875. See Virginia Code 59.1-284.39
  • Grant: means a grant from the Fund awarded to a qualified company that is intended to pay or reimburse the qualified company for (i) infrastructure costs related to the construction and support of facilities and (ii) costs for workforce development, recruiting, and training. See Virginia Code 59.1-284.42
  • Grants: means grants from the Fund awarded to a qualified company in an aggregate amount not to exceed $22. See Virginia Code 59.1-284.38
  • Grants: means the grant payments from the Fund awarded to a qualified company in an aggregate not to exceed $56 million. See Virginia Code 59.1-284.41
  • 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.
  • Handgun: means any pistol or revolver or other firearm, except a machine gun, originally designed, made, and intended to fire a projectile by means of an explosion of a combustible material from one or more barrels when held in one hand. See Virginia Code 18.2-307.1
  • Health club: means any person, firm, corporation, organization, club or association whose primary purpose is to engage in the sale of memberships in a program consisting primarily of physical exercise with exercise machines or devices, or whose primary purpose is to engage in the sale of the right or privilege to use exercise machines or devices. See Virginia Code 59.1-296
  • Health club contract: means an agreement whereby the buyer of health club services purchases, or becomes obligated to purchase, health club services. See Virginia Code 59.1-296
  • Health club services: means and includes services, privileges, or rights offered for sale or provided by a health club. See Virginia Code 59.1-296
  • in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Chapter 42. See Virginia Code 1-257
  • Includes: means includes, but not limited to. See Virginia Code 1-218
  • 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.
  • Infrastructure costs: includes the costs related to fiber, water, wastewater, and stormwater facilities; gas pipelines; electrical transmission and distribution lines; and site clearing, grading, and other improvements to support the construction and development of a facility. See Virginia Code 59.1-284.42
  • Initiation fee: means a nonrecurring fee charged at or near the beginning of a health club membership, and includes all fees or charges not part of the monthly fee. See Virginia Code 59.1-296
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interdicted person: means a person to whom the sale of alcoholic beverages is prohibited by order pursuant to this subtitle. See Virginia Code 4.1-100
  • Intoxicated: means a condition in which a person has drunk enough alcoholic beverages to observably affect his manner, disposition, speech, muscular movement, general appearance, or behavior. See Virginia Code 4.1-100
  • Invention: means a discovery, process, machine, design, formulation, product, concept or idea or any combination thereof. See Virginia Code 59.1-208
  • Invention developer: means any person, firm, partnership, corporation, and any agent, employee, officer, partner or independent contractor thereof, that advertises invention development services in media of general circulation or that contracts with customers procured as a result of such advertisement. See Virginia Code 59.1-208
  • Invention development: means the evaluation, perfection, marketing, brokering, or promotion of an invention by an invention developer, including a patent search, preparation of a patent application, or any other act done by an invention developer for consideration toward the end of procuring or attempting to procure a license, buyer or patent for an invention, but shall not include those acts undertaken by attorneys in the practice of their profession, other persons duly registered to practice before the U. See Virginia Code 59.1-208
  • invitation to bid: means a written or oral solicitation or invitation by a distributor to one or more exhibitors to bid for the right to exhibit a motion picture;

    7. See Virginia Code 59.1-257

  • 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.
  • Law-enforcement officer: means those individuals defined as a law-enforcement officer in § 9. See Virginia Code 18.2-307.1
  • Lawfully admitted for permanent residence: means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed. See Virginia Code 18.2-307.1
  • 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
  • Lease-purchase agreement: means an agreement for the use of personal property by a natural person primarily for personal, family, or household purposes, for an initial period of four months or less that is automatically renewable with each payment after the initial period, but does not obligate or require the consumer to continue leasing or using the property beyond the initial period, and that permits the consumer to become the owner of the property. See Virginia Code 59.1-207.18
  • Lessee: means any person or organization obtaining the use of a rental motor vehicle from a lessor under the terms of a rental agreement. See Virginia Code 59.1-207.30
  • Lessor: means a person who regularly provides the use of property through lease-purchase agreements and to whom lease payments are initially payable on the face of the lease-purchase agreement. See Virginia Code 59.1-207.18
  • Lessor: means any person or organization in the business of providing rental motor vehicles to the public. See Virginia Code 59.1-207.30
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • license agreement: means any contract, agreement, understanding or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor;

    9. See Virginia Code 59.1-257

  • Licensed: means the holding of a valid license granted by the Authority. See Virginia Code 4.1-100
  • Licensee: means any person to whom a license has been granted by the Authority. See Virginia Code 4.1-100
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Liquid nicotine: means a liquid or other substance containing nicotine in any concentration that is sold, marketed, or intended for use in a nicotine vapor product. See Virginia Code 59.1-293.10
  • Liquid nicotine container: means a bottle or other container holding liquid nicotine in any concentration but does not include a cartridge containing liquid nicotine if such cartridge is prefilled and sealed by the manufacturer of such cartridge and is not intended to be opened by the consumer. See Virginia Code 59.1-293.10
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local match: means the funds committed by a locality identified in a memorandum of understanding to a qualified company related to the construction and operation of a facility. See Virginia Code 59.1-284.42
  • Locality: means a county or city in the Commonwealth in which a company makes an eligible investment in a facility and creates new full-time jobs, that is identified in a memorandum of understanding, and that has entered into a performance agreement. See Virginia Code 59.1-284.42
  • Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
  • Manufacturer: means a person, partnership, association, corporation or entity engaged in the business of manufacturing or assembling motor vehicles, or of distributing motor vehicles to motor vehicle dealers. See Virginia Code 59.1-207.11
  • Manufacturer: means any person, whether resident or nonresident, who manufactures, assembles, or imports motor vehicles for sale or distribution in this Commonwealth. See Virginia Code 59.1-207.34
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • MEI Commission: means the MEI Project Approval Commission established pursuant to Chapter 47 of Title 30. See Virginia Code 59.1-284.42
  • Memorandum of understanding: means the memorandum of understanding entered into on or about November 12, 2018, among a qualified company, the Commonwealth, and the Virginia Economic Development Partnership Authority that sets forth the requirements for the creation of new full-time jobs for the qualified company to be eligible for grant payments from the Fund. See Virginia Code 59.1-284.31
  • Memorandum of understanding: means a performance agreement or related document entered into on or before August 1, 2019, between a qualified company and the Commonwealth that sets forth the requirements for capital investment and the creation of new jobs for the qualified company. See Virginia Code 59.1-284.32
  • Memorandum of understanding: means a performance agreement or related document entered into on or before August 1, 2020, among a qualified company, the Commonwealth, and VEDP that sets forth the requirements for capital investment and the creation of new full-time jobs for the qualified company to be eligible for grants from the Fund. See Virginia Code 59.1-284.38
  • Memorandum of understanding: means a performance agreement or related document entered into on or before August 1, 2022, between a qualified company and the Commonwealth that sets forth the requirements for capital investment and the creation of new jobs for the qualified company. See Virginia Code 59.1-284.39
  • Memorandum of understanding: means a performance agreement or related documents entered into on or before June 1, 2022, by a qualified company, the Commonwealth, and VEDP that sets forth the requirements for capital investment and the creation of new full-time jobs by a qualified company in order for a qualified company to be eligible for grants from the Fund. See Virginia Code 59.1-284.41
  • Memorandum of understanding: means a memorandum of understanding entered into on or after January 1, 2023, between a qualified company, the Commonwealth, and VEDP that sets forth (i) the grant amount that the qualified company shall be eligible to receive for each new full-time job created and each $1 million of capital investment in construction costs made; (ii) the total aggregate amount of grants that the qualified company shall be eligible to receive; (iii) the performance date; (iv) the requirements and timing for capital investment and new full-time job creation by the qualified company; (v) the identification of the locality or localities in which such investment and job creation shall take place; and (vi) any other terms and conditions deemed necessary or appropriate to be eligible for grant payments from the Fund. See Virginia Code 59.1-284.42
  • Mineral: means ore, rock, and any other solid homogeneous crystalline chemical element or compound that results from the inorganic processes of nature other than coal. See Virginia Code 45.2-1200
  • Mining: means the breaking or disturbing of the surface soil or rock in order to facilitate or accomplish the extraction or removal of minerals or any activity constituting all or part of a process for the extraction or removal of minerals so as to make them suitable for commercial, industrial, or construction use. See Virginia Code 45.2-1200
  • Mining operation: means any area included in an approved plan of operation. See Virginia Code 45.2-1200
  • Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
  • Monthly fee: means the total consideration, including but not limited to, equipment or locker rental, credit check, finance, medical and dietary evaluation, class and training fees, and all other similar fees or charges and interest, but excluding any initiation fee, to be paid by a buyer, divided by the total number of months of health club service use allowed by the buyer's contract, including months or time periods called "free" or "bonus" months or time periods and such months or time periods that are described in any other terms suggesting that they are provided free of charge, which months or time periods are given or contemplated when the contract is initially executed. See Virginia Code 59.1-296
  • Motor vehicle: means only passenger cars, pickup or panel trucks, motorcycles, autocycles, self-propelled motorized chassis of motor homes and mopeds as those terms are defined in § 46. See Virginia Code 59.1-207.11
  • Motor vehicle: means any motor vehicle as defined in § 46. See Virginia Code 59.1-207.34
  • New full-time job: means a position in which employees of a qualified company are principally located at the facility and are expected to work a minimum of either (i) 35 hours of an employee's time per week for the entire normal year of the employer's operations, which "normal year" must consist of at least 48 weeks, or (ii) 1,680 hours per year. See Virginia Code 59.1-284.31
  • New full-time job: means a job position, in which the employee of a qualified company is principally located at a facility, for which the average annual wage for the applicable year is at least equal to the average annual wage for that year required by the memorandum of understanding and the qualified company provides standard fringe benefits. See Virginia Code 59.1-284.41
  • New full-time jobs: means job positions created on or after January 1, 2023, but prior to July 1, 2040, in which the employee of a qualified company works at a facility, for which the average annual wage is at least one and one-half times the prevailing wage of the locality where the job is located, and for which the qualified company provides standard fringe benefits. See Virginia Code 59.1-284.42
  • New job: means full-time employment at the facility measured at any time following June 30, 2018, for which the annual average wage is at least $92,000, with an escalation factor for each year, that requires a minimum of 38 hours of an employee's time per week for the entire normal year, consisting of at least 48 weeks, of the qualified company's operations. See Virginia Code 59.1-284.32
  • New job: means full-time employment at or associated with any of the facilities measured at any time after January 1, 2021, for which the annual average wage is at least $56,713 for a position in the City of Norfolk or at least $99,385 for a position in the County of Arlington, that requires a minimum of 38 hours of an employee's time per week for the entire normal year, consisting of at least 48 weeks, of the qualified company's operations. See Virginia Code 59.1-284.39
  • Notary: means notary public. See Virginia Code 1-226
  • 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.
  • Operator: means any individual, corporation or corporation officer, firm, joint venture, partnership, business trust, association, or any other group or combination acting as a unit, or any legal entity that is engaged in mining. See Virginia Code 45.2-1200
  • Out of business: means the status of a facility that is permanently closed and for which there is no comparable alternate facility. See Virginia Code 59.1-296
  • Overburden: means all of the earth and other materials that lie above a natural deposit of minerals, ores, rock, or other solid matter and also other materials after removal from their natural deposit in the process of mining. See Virginia Code 45.2-1200
  • 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.
  • Patent infringement: means any conduct that constitutes infringement pursuant to applicable law, including 35 U. See Virginia Code 59.1-215.1
  • Performance agreement: means an agreement entered into on or after January 1, 2023, between a qualified company, a locality identified in a memorandum of understanding, and VEDP that commits the locality to provide local funds, either as annual cash grants or via the expenditure of local funds, for infrastructure costs related to the qualified company. See Virginia Code 59.1-284.42
  • Performance date: means the date set forth in a memorandum of understanding by which capital investment and new full-time job creation targets shall be met in order to qualify for grants from the Fund. See Virginia Code 59.1-284.42
  • Person: means an individual, partnership, corporation, limited liability company or association. See Virginia Code 59.1-310.1
  • Person: shall include individuals, a trust, an estate, a partnership, an association, an order, a corporation, or any other legal or commercial entity;

    6. See Virginia Code 8.01-2

  • person: means and includes one or more individuals, partnerships, associations, societies, trusts, organizations, or corporations;

    2. See Virginia Code 59.1-257

  • Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
  • Person under a disability: shall include :

    a. See Virginia Code 8.01-2

  • Personal knowledge: means knowledge of a fact that a person has himself gained through his own senses, or knowledge that was gained by a law-enforcement officer or prosecutor through the performance of his official duties. See Virginia Code 18.2-307.1
  • Personal property: All property that is not real property.
  • Personal representative: includes the executor of a will or the administrator of the estate of a decedent, the administrator of such estate with the will annexed, the administrator of such estate unadministered by a former representative, whether there is a will or not, any person who is under the order of a circuit court to take into his possession the estate of a decedent for administration, and every other curator of a decedent's estate, for or against whom suits may be brought for causes of action that accrued to or against the decedent. See Virginia Code 1-234
  • Phototherapy device: means a piece of equipment that emits ultraviolet radiation and that is used by a health care provider in the treatment of a disease. See Virginia Code 59.1-310.1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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
  • Prepayment: means payment of any consideration for services or the use of facilities made prior to the day on which the services or facilities of the health club are fully open and available for regular use by the members. See Virginia Code 59.1-296
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Qualification: means the process by which a company becomes a qualified company eligible to enter into a memorandum of understanding and receive grants from the Fund. See Virginia Code 59.1-284.42
  • Qualified company: means a company, including its affiliates, that between November 1, 2018, and December 31, 2038, is expected to (i) make or cause to be made a capital investment at a facility of at least $2 billion, (ii) create at least 25,000 new full-time jobs, and (iii) potentially create an additional 12,850 jobs. See Virginia Code 59.1-284.31
  • Qualified company: means a semiconductor manufacturing company, and its affiliates, that manufactures and distributes semiconductors, that between April 1, 2018, and June 30, 2033, is expected to (i) make or cause to be made a capital investment at a facility of at least $2. See Virginia Code 59.1-284.32
  • Qualified company: means a technology company, including its affiliates, that between January 1, 2020, and June 30, 2025, is expected to (i) make a capital investment at a facility of at least $64 million and (ii) create at least 1,500 new full-time jobs at the facility related to, or supportive of, its business. See Virginia Code 59.1-284.38
  • Qualified company: means a shipping and logistics company, and its affiliates, that between January 1, 2021, and September 30, 2030, is expected to (i) retain its North American headquarters operations in the City of Norfolk; (ii) make or cause to be made a capital investment at one or more of the facilities of at least $36 million; (iii) create and maintain at least 415 new jobs at or associated with the facilities related to, or supportive of, its shipping and logistics business functions; and (iv) establish and operate a research and development innovation center. See Virginia Code 59.1-284.39
  • Qualified company: means a company, including its affiliates, that engages in the manufacture and distribution of precision plastic products in an eligible county and that between June 1, 2022, and December 31, 2035, is expected to (i) make a capital investment of at least $1 billion and (ii) create at least 1,761 new full-time jobs related to or supportive of its business. See Virginia Code 59.1-284.41
  • Qualified company: means a company, including its affiliates, that, after qualification, enters into a memorandum of understanding and is expected by the performance date to (i) make or cause to be made a capital investment at facilities in localities identified in the memorandum of understanding of at least $50 billion and (ii) create at least 1,500 new full-time jobs that pay an average annual wage of at least one and one-half times the prevailing wage of the locality where the job is located. See Virginia Code 59.1-284.42
  • real estate: includes lands, tenements and hereditaments, and all rights and appurtenances thereto and interests therein, other than a chattel interest. See Virginia Code 1-219
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reclamation: means the restoration or conversion of disturbed land to a stable condition that minimizes or prevents adverse disruption and the injurious effects of such disruption and presents an opportunity for further productive use if such use is reasonable. See Virginia Code 45.2-1200
  • Refuse: means all waste soil, rock, mineral tailings, slimes, and other material directly connected with the mine or with the cleaning and preparation of substances mined, including all waste material deposited in the permit area from other sources. See Virginia Code 45.2-1200
  • 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.
  • Rental agreement: means any written agreement setting forth the terms and conditions governing the use of the rental motor vehicle by the lessee. See Virginia Code 59.1-207.30
  • Residence: means any building or part of a building or structure where a person resides, but does not include any part of a building that is not actually and exclusively used as a private residence, nor any part of a hotel or club other than a private guest room thereof. See Virginia Code 4.1-100
  • Restaurant: means , for a wine and beer license or a limited mixed beverage restaurant license, any establishment provided with special space and accommodation, where, in consideration of payment, meals or other foods prepared on the premises are regularly sold. See Virginia Code 4.1-100
  • run: means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. See Virginia Code 59.1-257
  • Sangria: means a drink consisting of red or white wine mixed with some combination of sweeteners, fruit, fruit juice, soda, or soda water that may also be mixed with brandy, triple sec, or other similar spirits. See Virginia Code 4.1-100
  • School bus: means any motor vehicle, other than a station wagon, automobile, truck, or commercial bus, which is: (i) designed and used primarily for the transportation of pupils to and from public, private or religious schools, or used for the transportation of individuals with mental or physical disabilities to and from a sheltered workshop; (ii) painted yellow and bears the words "School Bus" in black letters of a specified size on front and rear; and (iii) is equipped with warning devices prescribed in § 46. See Virginia Code 46.2-100
  • Secretary: means the Secretary of Commerce and Trade or his designee. See Virginia Code 59.1-284.31
  • Secretary: means the Secretary of Commerce and Trade or his designee. See Virginia Code 59.1-284.32
  • Secretary: means the Secretary of Commerce and Trade. See Virginia Code 59.1-284.38
  • Secretary: means the Secretary of Commerce and Trade or his designee. See Virginia Code 59.1-284.39
  • Secretary: means the Secretary of Commerce and Trade or his designee. See Virginia Code 59.1-284.41
  • Secretary: means the Secretary of Commerce and Trade or his designee. See Virginia Code 59.1-284.42
  • sell: includes soliciting or receiving an order for; keeping, offering or exposing for sale; peddling, exchanging or bartering; or delivering otherwise than gratuitously, by any means, alcoholic beverages. See Virginia Code 4.1-100
  • 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
  • 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.
  • Snowmobile: means a self-propelled vehicle designed to travel on snow or ice, steered by skis or runners, and supported in whole or in part by one or more skis, belts, or cleats. See Virginia Code 46.2-100
  • Specially constructed vehicle: means any vehicle that was not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles and not a reconstructed vehicle as herein defined. See Virginia Code 46.2-100
  • Spirits: means any beverage that contains alcohol obtained by distillation mixed with drinkable water and other substances, in solution, and includes, among other things, brandy, rum, whiskey, and gin, or any one or more of the last four named ingredients, but shall not include any such liquors completely denatured in accordance with formulas approved by the United States government. See Virginia Code 4.1-100
  • Spoil: means any overburden or other material removed from its natural state in the process of mining. See Virginia Code 45.2-1200
  • Spring stick: means a spring-loaded metal stick activated by pushing a button that rapidly and forcefully telescopes the weapon to several times its original length. See Virginia Code 18.2-307.1
  • State: when applied to a part of the United States, includes any of 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 1-245
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Substantial sales: means a substantial aggregate volume of sales of identical or comparable goods or services at or above the advertised comparison price in the supplier's trade area. See Virginia Code 59.1-207.40
  • Summons: Another word for subpoena used by the criminal justice system.
  • Superintendent: means the Superintendent of the Department of State Police of the Commonwealth. See Virginia Code 46.2-100
  • Supreme Court: means the Supreme Court of Virginia. See Virginia Code 1-249
  • 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
  • Tanning device: means any equipment that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers and that is used for tanning of human skin, including a sunlamp, tanning booth, or tanning bed. See Virginia Code 59.1-310.1
  • Tanning facility: means a business that provides persons access to tanning devices. See Virginia Code 59.1-310.1
  • Target: means a person residing in, conducting substantial business in, or having its principal place of business in the Commonwealth and with respect to whom an assertion of patent infringement is made. See Virginia Code 59.1-215.1
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • theater: means any establishment in which motion pictures are exhibited to the public regularly for a charge;

    3. See Virginia Code 59.1-257

  • 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
  • Tractor truck: means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the load and weight of the vehicle attached thereto. See Virginia Code 46.2-100
  • trade screening: means the showing of a motion picture by a distributor at some location within the Commonwealth or the District of Columbia or Prince Georges and Montgomery Counties, Maryland, which is open to any exhibitor from whom the distributor intends to solicit bids or with whom the distributor intends to negotiate for the right to exhibit the motion picture;

    10. See Virginia Code 59.1-257

  • Traffic infraction: means a violation of law punishable as provided in § 46. See Virginia Code 46.2-100
  • Trailer: means every vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, including manufactured homes. See Virginia Code 46.2-100
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Truck: means every motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of 7,500 pounds. See Virginia Code 46.2-100
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • 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
  • 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.
  • VEDP: means the Virginia Economic Development Partnership Authority. See Virginia Code 59.1-284.38
  • VEDP: means the Virginia Economic Development Partnership Authority. See Virginia Code 59.1-284.41
  • VEDP: means the Virginia Economic Development Partnership Authority. See Virginia Code 59.1-284.42
  • Vehicle: means every device in, on or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. See Virginia Code 46.2-100
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Warranty: means any implied warranty or any written warranty of the manufacturer, or any affirmations of fact or promise made by the manufacturer in connection with the sale or lease of a motor vehicle that become part of the basis of the bargain. See Virginia Code 59.1-207.11
  • Wine: includes any wine to which wine spirits have been added, as provided in the Internal Revenue Code, to make products commonly known as "fortified wine" which do not exceed an alcohol content of 21 percent by volume. See Virginia Code 4.1-100
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.