§ 8.01-267.1 Standards governing consolidation, etc., and transfer
§ 8.01-267.2 When actions pending in same court
§ 8.01-267.3 Consolidation and other combined proceedings
§ 8.01-267.4 Transfer
§ 8.01-267.5 Joinder and severance
§ 8.01-267.6 Separate trials; special interrogatories
§ 8.01-267.7 Later-filed actions
§ 8.01-267.8 Interlocutory appeal
§ 8.01-267.9 Effect on other law

Terms Used In Virginia Code > Title 8.01 > Chapter 5.1

  • Access contract: means a contract to obtain by electronic means access to, or information from, an information processing system of another person, or the equivalent of such access. See Virginia Code 59.1-501.2
  • Access material: means any information or material, such as a document, address, or access code, that is necessary to obtain authorized access to information or control or possession of a copy. See Virginia Code 59.1-501.2
  • Acupuncturist: means an individual approved by the Board to practice acupuncture. See Virginia Code 54.1-2900
  • 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.
  • Agency: means every relationship in which a real estate licensee acts for or represents a person as an agent by such person's express authority in a commercial or residential real estate transaction, unless a different legal relationship is intended and is agreed to as part of the brokerage agreement. See Virginia Code 54.1-2130 v2
  • Agent: means a real estate licensee who is acting as (i) a standard agent in a residential real estate transaction, (ii) a limited service agent in a residential real estate transaction, or (iii) an agent in a commercial real estate transaction. See Virginia Code 54.1-2130 v2
  • Aggrieved party: means a party entitled to a remedy for breach of contract. See Virginia Code 59.1-501.2
  • Agreement: means the bargain of the parties in fact as found in their language or by implication from other circumstances, including course of performance, course of dealing, and usage of trade as provided in this chapter. See Virginia Code 59.1-501.2
  • Agreement: means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. See Virginia Code 59.1-480
  • Agricultural product: means any horticultural, viticulture, dairy, livestock, poultry, bee, or other farm or garden product. See Virginia Code 3.2-4300
  • aircraft: means any contrivance, except a contrivance operating twenty-four inches or less above ground or water level, now known or hereafter invented, used, or designed for navigation of, or flight in, the airspace in the transportation of passengers, property or mail. See Virginia Code 5.1-89
  • Allegation: something that someone says happened.
  • Amusement device: means (i) a device or structure open to the public by which persons are conveyed or moved in an unusual manner for diversion and (ii) a device suspended in the air by the use of steel cables, chains, belts, or ropes, and usually supported by trestles or towers with one or more spans, also known as a passenger tramway, used to transport passengers uphill. See Virginia Code 59.1-519
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assistive device dealer: means a person or company that is in the business of selling assistive devices, including a manufacturer who sells assistive technology devices directly to consumers. See Virginia Code 59.1-470
  • Assistive device lessor: means a person or company that leases an assistive device to a consumer, or who holds the lessor's rights, under a written lease. See Virginia Code 59.1-470
  • Association: means the same as that term is defined in § 55-528. See Virginia Code 54.1-2345
  • At-need: means at the time of death or while death is imminent. See Virginia Code 54.1-2800
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Attribution procedure: means a procedure to verify that an electronic authentication, display, message, record, or performance is that of a particular person or to detect changes or errors in information. See Virginia Code 59.1-501.2
  • Auricular acupuncture: means the subcutaneous insertion of sterile, disposable acupuncture needles in predetermined, bilateral locations in the outer ear when used exclusively and specifically in the context of a chemical dependency treatment program. See Virginia Code 54.1-2900
  • Authenticate: means (i) to sign or (ii) with the intent to sign a record, to execute or adopt an electronic symbol, sound, message, or process referring to, attached to, included in, or logically associated or linked with, that record. See Virginia Code 59.1-501.2
  • Authorized dealer: means any seller of an assistive device that (i) has, within a specified geographic area, an exclusive distribution arrangement with any person or entity that manufacturers or assembles such device or (ii) is designated by the person or company that manufactures or assembles such device to repair or accept for repair such device. See Virginia Code 59.1-470
  • Automated transaction: means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction. See Virginia Code 59.1-480
  • Automated transaction: means a transaction in which a contract is formed in whole or part by electronic actions of one or both parties that are not previously reviewed by an individual in the ordinary course. See Virginia Code 59.1-501.2
  • Automatic dialing-announcing device: means a device that (i) selects and dials telephone numbers and (ii) working alone or in conjunction with other equipment, disseminates a prerecorded or synthesized voice message to the telephone number called. See Virginia Code 59.1-518.1
  • 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.
  • 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
  • Board: means the Board for Professional Soil Scientists, Wetland Professionals, and Geologists. See Virginia Code 54.1-2200
  • Board: means the Common Interest Community Board. See Virginia Code 54.1-2345
  • Board: means the Board of Dentistry. See Virginia Code 54.1-2700
  • Board: means the Board of Funeral Directors and Embalmers. See Virginia Code 54.1-2800
  • Board: means the Board of Medicine. See Virginia Code 54.1-2900
  • Board: means the Virginia Aviation Board. See Virginia Code 5.1-1
  • Bond with surety: includes the payment in cash of the full amount of the required bond and, in such case, no surety shall be required. See Virginia Code 1-205
  • Brokerage agreement: means the written agreement creating a brokerage relationship between a client and a licensee. See Virginia Code 54.1-2130 v2
  • Brokerage relationship: means the contractual relationship between a client and a real estate licensee who has been engaged by such client for the purpose of procuring a seller, buyer, option, tenant, or landlord ready, able, and willing to sell, buy, option, exchange or rent real estate on behalf of a client. See Virginia Code 54.1-2130 v2
  • Business: means any type of corporation, partnership, limited liability company, association, or sole proprietorship operated for profit. See Virginia Code 2.2-4301
  • Caller: means a person that attempts to contact, or contacts, a subscriber in the Commonwealth by using a telephone or telephone line. See Virginia Code 59.1-518.1
  • Cancellation: means the ending of a contract by a party because of breach of contract by another party. See Virginia Code 59.1-501.2
  • certificate: means a certificate of public convenience and necessity issued by the State Corporation Commission to common carriers by aircraft and restricted common carriers by aircraft under this chapter. See Virginia Code 5.1-89
  • Certified nurse midwife: means an advanced practice registered nurse who is certified in the specialty of nurse midwifery and who is jointly licensed by the Boards of Medicine and Nursing as a nurse practitioner pursuant to § Virginia Code 54.1-2354.1
  • Client: means a person who has entered into a brokerage relationship with a licensee. See Virginia Code 54.1-2130 v2
  • Collateral costs: means expenses incurred by a consumer in connection with the repair of a nonconformity, including the reasonable costs of obtaining an alternative assistive device. See Virginia Code 59.1-470
  • Commercial real estate: means any real estate other than (i) real estate containing one to four residential units or (ii) real estate classified for assessment purposes under § 55-528; provided that for the purposes of this chapter only, a common interest community shall not include any time-share project registered pursuant to the Virginia Real Estate Time-Share Act (§ 55-360 et seq. See Virginia Code 54.1-2345
  • Common interest community manager: means a person or business entity, including but not limited to a partnership, association, corporation, or limited liability company, who, for compensation or valuable consideration, provides management services to a common interest community. See Virginia Code 54.1-2345
  • 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.
  • Common source information company: means any person, firm, or corporation that is a source, compiler, or supplier of information regarding real estate for sale or lease and other data and includes, but is not limited to, multiple listing services. See Virginia Code 54.1-2130 v2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Computer: means an electronic device that accepts information in digital or similar form and manipulates it for a result based on a sequence of instructions. See Virginia Code 59.1-501.2
  • Computer information: means information in electronic form that is obtained from or through the use of a computer or that is in a form capable of being processed by a computer. See Virginia Code 59.1-501.2
  • Computer information transaction: means an agreement or the performance of it to create, modify, transfer, or license computer information or informational rights in computer information. See Virginia Code 59.1-501.2
  • Computer program: means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result. See Virginia Code 59.1-480
  • Computer program: means a set of statements or instructions to be used directly or indirectly in a computer to bring about a certain result. See Virginia Code 59.1-501.2
  • Construction: means building, altering, repairing, improving or demolishing any structure, building or highway, and any draining, dredging, excavation, grading or similar work upon real property. See Virginia Code 2.2-4301
  • Consultation: means communicating data and information, exchanging clinical observations and assessments, accessing and assessing additional resources and expertise, problem-solving, and arranging for referrals, testing, or studies. See Virginia Code 54.1-2900
  • Consumer: means an individual who is a licensee of information or informational rights that the individual at the time of contracting intended to be used primarily for personal, family, or household purposes. See Virginia Code 59.1-501.2
  • Consumer: means :

    1. See Virginia Code 59.1-470

  • Consumer contract: means a contract between a merchant licensor and a consumer. See Virginia Code 59.1-501.2
  • Contract: means the total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law. See Virginia Code 59.1-480
  • Contract: means the total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law. See Virginia Code 59.1-501.2
  • Contract fee: means the price, fee, rent, or royalty payable in a contract under this chapter or any part of the amount payable. See Virginia Code 59.1-501.2
  • Contractor: means the entity that has a direct contract with any "state agency" as defined herein, or any agency of local government as discussed in § 2. See Virginia Code 2.2-4347
  • Contractual use term: means an enforceable term that defines or limits the use, disclosure of, or access to licensed information or informational rights, including a term that defines the scope of a license. See Virginia Code 59.1-501.2
  • Copy: means the medium on which information is fixed on a temporary or permanent basis and from which it can be perceived, reproduced, used, or communicated, either directly or with the aid of a machine or device. See Virginia Code 59.1-501.2
  • Course of dealing: means a sequence of previous conduct between the parties to a particular transaction which establishes a common basis of understanding for interpreting their expressions and other conduct. See Virginia Code 59.1-501.2
  • Course of performance: means repeated performances, under a contract that involves repeated occasions for performance, which are accepted or acquiesced in without objection by a party having knowledge of the nature of the performance and an opportunity to object to it. See Virginia Code 59.1-501.2
  • Court: includes an arbitration or other dispute-resolution forum if the parties have agreed to use of that forum or its use is required by law. See Virginia Code 59.1-501.2
  • Cremate: means to reduce a dead human body to ashes and bone fragments by the action of fire. See Virginia Code 54.1-2800
  • Cremator: means a person or establishment that owns or operates a crematory or crematorium or cremates dead human bodies. See Virginia Code 54.1-2800
  • crematorium: means a facility containing a furnace for cremation of dead human bodies. See Virginia Code 54.1-2800
  • Customer: means a person who has not entered into a brokerage relationship with a licensee but for whom a licensee performs ministerial acts in a real estate transaction. See Virginia Code 54.1-2130 v2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Debtor: means any individual, business, or group having a delinquent debt or account with any state agency that obligation has not been satisfied or set aside by court order or discharged in bankruptcy. See Virginia Code 2.2-4347
  • Decedent: A deceased person.
  • Declaration: means the same as that term is defined in § 55-528. See Virginia Code 54.1-2345
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Demonstrator: means an assistive device used primarily for the purpose of demonstration to the public. See Virginia Code 59.1-470
  • Dental hygiene: means duties related to patient assessment and the rendering of educational, preventive, and therapeutic dental services specified in regulations of the Board and not otherwise restricted to the practice of dentistry. See Virginia Code 54.1-2700
  • Dental hygienist: means a person who is licensed by the Board to practice dental hygiene. See Virginia Code 54.1-2700
  • Dentist: means a person who has been awarded a degree in and is licensed to practice dentistry. See Virginia Code 54.1-2700
  • Dentistry: means the evaluation, diagnosis, prevention, and treatment, through surgical, nonsurgical or related procedures, of diseases, disorders, and conditions of the oral cavity and the maxillofacial, adjacent and associated structures and their impact on the human body. See Virginia Code 54.1-2700
  • Department: means the Department of Professional and Occupational Regulation. See Virginia Code 54.1-2200
  • Dependent: A person dependent for support upon another.
  • device: means any new device, including a demonstrator, that a consumer purchases or accepts transfer of in this Commonwealth which is used for a major life activity or any other assistive device that enables a person with a disability to communicate, see, hear, or maneuver. See Virginia Code 59.1-470
  • Direct damages: means compensation for losses measured by § 59. See Virginia Code 59.1-501.2
  • Director: means the Director of the Department of Professional and Occupational Regulation. See Virginia Code 54.1-2354.1
  • Director: means the Director of the Division of Marketing of the Department. See Virginia Code 3.2-4300
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • dual representative: means a licensee who has a brokerage relationship with both seller and buyer, or both landlord and tenant, in the same real estate transaction. See Virginia Code 54.1-2130 v2
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Virginia Code 59.1-480
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Virginia Code 59.1-501.2
  • Electronic agent: means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual. See Virginia Code 59.1-480
  • Electronic agent: means a computer program, or electronic or other automated means, used independently to initiate an action, or to respond to electronic messages or performances, on the person's behalf without review or action by an individual at the time of the action or response to the message or performance. See Virginia Code 59.1-501.2
  • Electronic message: means a record or display that is stored, generated, or transmitted by electronic means for the purpose of communication to another person or electronic agent. See Virginia Code 59.1-501.2
  • Electronic record: means a record created, generated, sent, communicated, received, or stored by electronic means. See Virginia Code 59.1-480
  • Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Virginia Code 59.1-480
  • Embalmer: means any person engaged in the practice of embalming. See Virginia Code 54.1-2800
  • Embalming: means the process of chemically treating the dead human body by arterial injection and cavity treatment or, when necessary, hypodermic tissue injection to reduce the presence and growth of microorganisms to temporarily retard organic decomposition. See Virginia Code 54.1-2800
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • 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.
  • Established business relationship: means a relationship between the called person and the person on whose behalf the telephone solicitation call is being made or initiated based on (i) the called person's purchase from, or transaction with, the person on whose behalf the telephone solicitation call is being made or initiated within the 18 months immediately preceding the date of the call or (ii) the called person's inquiry or application regarding any property, good, or service offered by the person on whose behalf the telephone solicitation call is being made or initiated within the three months immediately preceding the date of the call. See Virginia Code 59.1-510
  • Executor: A male person named in a will to carry out the decedent
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Financial accommodation contract: means an agreement under which a person extends a financial accommodation to a licensee and which does not create a security interest governed by Title 8. See Virginia Code 59.1-501.2
  • Financial services transaction: means an agreement that provides for, or a transaction that is, or entails access to, use, transfer, clearance, settlement, or processing of:

    (A) a deposit, loan, funds, or monetary value represented in electronic form and stored or capable of storage by electronic means and retrievable and transferable by electronic means, or other right to payment to or from a person;

    (B) an instrument or other item;

    (C) a payment order, credit card transaction, debit card transaction, funds transfer, automated clearing house transfer, or similar wholesale or retail transfer of funds;

    (D) a letter of credit, document of title, financial asset, investment property, or similar asset held in a fiduciary or agency capacity; or

    (E) related identifying, verifying, access-enabling, authorizing, or monitoring information. See Virginia Code 59.1-501.2

  • Financier: means a person that provides a financial accommodation to a licensee under a financial accommodation contract and either (i) becomes a licensee for the purpose of transferring or sublicensing the license to the party to which the financial accommodation is provided or (ii) obtains a contractual right under the financial accommodation contract to preclude the licensee's use of the information or informational rights under a license in the event of breach of the financial accommodation contract. See Virginia Code 59.1-501.2
  • 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
  • Funeral directing: means the for-profit profession of directing or supervising funerals, preparing human dead for burial by means other than embalming, or making arrangements for funeral services or the financing of funeral services. See Virginia Code 54.1-2800
  • Funeral director: means any person engaged in the practice of funeral directing. See Virginia Code 54.1-2800
  • Funeral service establishment: means any main establishment, branch, or chapel that is permanently affixed to the real estate and for which a certificate of occupancy has been issued by the local building official where any part of the profession of funeral directing, the practice of funeral services, or the act of embalming is performed. See Virginia Code 54.1-2800
  • Funeral service intern: means a person who is preparing to be licensed for the practice of funeral services under the direct supervision of a practitioner licensed by the Board. See Virginia Code 54.1-2800
  • Funeral service licensee: means a person who is licensed in the practice of funeral services. See Virginia Code 54.1-2800
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Geologist: means a person engaged in the public practice of geology. See Virginia Code 54.1-2200
  • Geology: means the science dealing with (i) the earth and its history in general; (ii) the investigation, prediction, evaluation, and location of materials and structures which compose the earth; (iii) the natural processes that cause changes in the earth; and (iv) the application of knowledge of the earth, its processes, and its constituent rocks, minerals, liquids, gases, and other natural materials. See Virginia Code 54.1-2200
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • give notice: means to take such steps as may be reasonably required to inform the other person in the ordinary course, whether or not the other person actually comes to know of it. See Virginia Code 59.1-501.2
  • Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing. See Virginia Code 59.1-501.2
  • Goods: means all things that are movable at the time relevant to the computer information transaction. See Virginia Code 59.1-501.2
  • Goods: means all material, equipment, supplies, printing, and automated data processing hardware and software. See Virginia Code 2.2-4301
  • Governing board: means the governing board of an association, including the executive organ of a condominium unit owners' association, the executive board of a cooperative proprietary lessees' association, and the board of directors or other governing body of a property owners' association. See Virginia Code 54.1-2345
  • 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.
  • Healing arts: means the arts and sciences dealing with the prevention, diagnosis, treatment and cure or alleviation of human physical or mental ailments, conditions, diseases, pain or infirmities. See Virginia Code 54.1-2900
  • 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
  • In-person communication: means face-to-face communication and telephonic communication. See Virginia Code 54.1-2800
  • Includes: means includes, but not limited to. See Virginia Code 1-218
  • Independent contractor: means a real estate licensee who (i) enters into a brokerage relationship based upon a brokerage agreement that specifically states that the real estate licensee is acting as an independent contractor and not as an agent; (ii) shall have the obligations agreed to by the parties in the brokerage agreement; and (iii) shall comply with the provisions of subdivisions A 3 through 7 and subsections B and E of § Virginia Code 59.1-501.2
  • 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.
  • Insurance services transaction: means an agreement between an insurer and an insured that provides for, or a transaction that is or entails access to, use, transfer, clearance, settlement, or processing of:

    (A) an insurance policy, contract, or certificate; or

    (B) a right to payment under an insurance policy, contract or certificate. See Virginia Code 59.1-501.2

  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • 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.
  • License: means a contract that authorizes access to, or use, distribution, performance, modification, or reproduction of, information or informational rights, but expressly limits the access or uses authorized or expressly grants fewer than all rights in the information, whether or not the transferee has title to a licensed copy. See Virginia Code 59.1-501.2
  • License: means the document issued to an applicant upon completion of requirements for admission to practice dentistry or dental hygiene in the Commonwealth or upon registration for renewal of license to continue the practice of dentistry or dental hygiene in the Commonwealth. See Virginia Code 54.1-2700
  • Licensee: means a person entitled by agreement to acquire or exercise rights in, or to have access to or use of, computer information under an agreement to which this chapter applies. See Virginia Code 59.1-501.2
  • Licensee: means real estate brokers and salespersons as defined in Article 1 (§ Virginia Code 54.1-2130 v2
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Lot: means the same as that term is defined in § 55-528. See Virginia Code 54.1-2345
  • Management services: means (i) acting with the authority of an association in its business, legal, financial, or other transactions with association members and nonmembers; (ii) executing the resolutions and decisions of an association or, with the authority of the association, enforcing the rights of the association secured by statute, contract, covenant, rule, or bylaw; (iii) collecting, disbursing, or otherwise exercising dominion or control over money or other property belonging to an association; (iv) preparing budgets, financial statements, or other financial reports for an association; (v) arranging, conducting, or coordinating meetings of an association or the governing body of an association; (vi) negotiating contracts or otherwise coordinating or arranging for services or the purchase of property and goods for or on behalf of an association; or (vii) offering or soliciting to perform any of the aforesaid acts or services on behalf of an association. See Virginia Code 54.1-2345
  • Manufacturer: means a person or company that manufactures or assembles assistive devices and agents of that person or company, including an authorized dealer, an importer, a distributor, factory branch, distributor branch and any warrantors of the manufacturer's assistive device, but does not include a professional who fabricates, without charge, a device for use in the course of treatment. See Virginia Code 59.1-470
  • Mass-market license: means a standard form used in a mass-market transaction. See Virginia Code 59.1-501.2
  • Mass-market transaction: means a transaction that is:

    (A) a consumer contract; or

    (B) any other transaction with an end-user licensee if:

    (i) the transaction is for information or informational rights directed to the general public as a whole, including consumers, under substantially the same terms for the same information;

    (ii) the licensee acquires the information or informational rights in a retail transaction under terms consistent with an ordinary transaction in a retail market; and

    (iii) the transaction is not (a) a contract for redistribution or for public performance or public display of a copyrighted work; (b) a transaction in which the information is customized or otherwise specially prepared by the licensor for the licensee, other than minor customization using a capability of the information intended for that purpose; (c) a site license; or (d) an access contract. See Virginia Code 59.1-501.2

  • Maxillofacial: means pertaining to the jaws and face, particularly with reference to specialized surgery of this region. See Virginia Code 54.1-2700
  • Medical malpractice judgment: means any final order of any court entering judgment against a licensee of the Board that arises out of any tort action or breach of contract action for personal injuries or wrongful death, based on health care or professional services rendered, or that should have been rendered, by a health care provider, to a patient. See Virginia Code 54.1-2900
  • Medical malpractice settlement: means any written agreement and release entered into by or on behalf of a licensee of the Board in response to a written claim for money damages that arises out of any personal injuries or wrongful death, based on health care or professional services rendered, or that should have been rendered, by a health care provider, to a patient. See Virginia Code 54.1-2900
  • Merchant: means a person:

    (A) who deals in information or informational rights of the kind involved in the transaction;

    (B) who by the person's occupation holds himself out as having knowledge or skill peculiar to the relevant aspect of the business practices or information involved in the transaction; or

    (C) to whom the knowledge or skill peculiar to the practices or information involved in the transaction may be attributed by the person's employment of an agent or broker or other intermediary who by his occupation holds himself out as having the knowledge or skill. See Virginia Code 59.1-501.2

  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Next of kin: means any of the following persons, regardless of the relationship to the decedent: any person designated to make arrangements for the disposition of the decedent's remains upon his death pursuant to § 54. See Virginia Code 54.1-2800
  • Nonconformity: means a condition or defect that significantly impairs the use, value, function or safety of an assistive device or any of its components, but does not include a condition or defect of the device that is the result of (i) abuse, misuse or neglect by a consumer, (ii) modifications or alterations not authorized by the manufacturer, (iii) normal wear, (iv) normal use which may be resolved through a fitting adjustment, routine maintenance, preventative maintenance or proper care, or (v) a consumer's failure to follow any manufacturer's written service and maintenance guidelines furnished to the customer at the time of purchase. See Virginia Code 59.1-470
  • Nonparticipating manufacturer: means any tobacco product manufacturer that is not a participating manufacturer. See Virginia Code 3.2-4204
  • Nurse practitioner: means an advanced practice registered nurse who is jointly licensed by the Boards of Medicine and Nursing pursuant to § Virginia Code 1-234
  • Physician assistant: means a health care professional who has met the requirements of the Board for licensure as a physician assistant. See Virginia Code 54.1-2900
  • Practice of acupuncture: means the stimulation of certain points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control, for the treatment of certain ailments or conditions of the body and includes the techniques of electroacupuncture, cupping and moxibustion. See Virginia Code 54.1-2900
  • Practice of funeral services: means engaging in the care and disposition of the human dead, the preparation of the human dead for the funeral service, burial or cremation, the making of arrangements for the funeral service or for the financing of the funeral service and the selling or making of financial arrangements for the sale of funeral supplies to the public. See Virginia Code 54.1-2800
  • Practice of genetic counseling: means (i) obtaining and evaluating individual and family medical histories to assess the risk of genetic medical conditions and diseases in a patient, his offspring, and other family members; (ii) discussing the features, history, diagnosis, environmental factors, and risk management of genetic medical conditions and diseases; (iii) ordering genetic laboratory tests and other diagnostic studies necessary for genetic assessment; (iv) integrating the results with personal and family medical history to assess and communicate risk factors for genetic medical conditions and diseases; (v) evaluating the patient's and family's responses to the medical condition or risk of recurrence and providing client-centered counseling and anticipatory guidance; (vi) identifying and utilizing community resources that provide medical, educational, financial, and psychosocial support and advocacy; and (vii) providing written documentation of medical, genetic, and counseling information for families and health care professionals. See Virginia Code 54.1-2900
  • Practice of geology: means the performance of any service or work for the general public wherein the principles and methods of geology are applied. See Virginia Code 54.1-2200
  • Practice of occupational therapy: means the therapeutic use of occupations for habilitation and rehabilitation to enhance physical health, mental health, and cognitive functioning and includes the evaluation, analysis, assessment, and delivery of education and training in basic and instrumental activities of daily living; the design, fabrication, and application of orthoses (splints); the design, selection, and use of adaptive equipment and assistive technologies; therapeutic activities to enhance functional performance; vocational evaluation and training; and consultation concerning the adaptation of physical, sensory, and social environments. See Virginia Code 54.1-2900
  • Practice of podiatry: means the prevention, diagnosis, treatment, and cure or alleviation of physical conditions, diseases, pain, or infirmities of the human foot and ankle, including the medical, mechanical and surgical treatment of the ailments of the human foot and ankle, but does not include amputation of the foot proximal to the transmetatarsal level through the metatarsal shafts. See Virginia Code 54.1-2900
  • Practice of respiratory care: means the (i) administration of pharmacological, diagnostic, and therapeutic agents related to respiratory care procedures necessary to implement a treatment, disease prevention, pulmonary rehabilitative, or diagnostic regimen prescribed by a practitioner of medicine or osteopathic medicine; (ii) transcription and implementation of the written or verbal orders of a practitioner of medicine or osteopathic medicine pertaining to the practice of respiratory care; (iii) observation and monitoring of signs and symptoms, general behavior, general physical response to respiratory care treatment and diagnostic testing, including determination of whether such signs, symptoms, reactions, behavior or general physical response exhibit abnormal characteristics; and (iv) implementation of respiratory care procedures, based on observed abnormalities, or appropriate reporting, referral, respiratory care protocols or changes in treatment pursuant to the written or verbal orders by a licensed practitioner of medicine or osteopathic medicine or the initiation of emergency procedures, pursuant to the Board's regulations or as otherwise authorized by law. See Virginia Code 54.1-2900
  • Practice of soil evaluation: means the evaluation of soil by accepted principles and methods including, but not limited to, observation, investigation, and consultation on measured, observed and inferred soils and their properties; analysis of the effects of these properties on the use and management of various kinds of soil; and preparation of soil descriptions, maps, reports and interpretive drawings. See Virginia Code 54.1-2200
  • Practice of wetland delineation: means the delineation of wetlands by accepted principles and methods including, but not limited to, observation, investigation, and consultation on soil, vegetation, and hydrologic parameters; and preparation of wetland delineations, descriptions, reports and interpretive drawings. See Virginia Code 54.1-2200
  • Preneed: means at any time other than at-need. See Virginia Code 54.1-2800
  • Preneed funeral contract: means any agreement where payment is made by the consumer prior to the receipt of services or supplies contracted for, which evidences arrangements prior to death for (i) the providing of funeral services or (ii) the sale of funeral supplies. See Virginia Code 54.1-2800
  • Preneed funeral planning: means the making of arrangements prior to death for (i) the providing of funeral services or (ii) the sale of funeral supplies. See Virginia Code 54.1-2800
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public body: means any legislative, executive or judicial body, agency, office, department, authority, post, commission, committee, institution, board or political subdivision created by law to exercise some sovereign power or to perform some governmental duty, and empowered by law to undertake the activities described in this chapter. See Virginia Code 2.2-4301
  • Public contract: means an agreement between a public body and a nongovernmental source that is enforceable in a court of law. See Virginia Code 2.2-4301
  • Public corporation: means the Commonwealth of Virginia or any political subdivision thereof or any incorporated municipality therein or any public agency of the Commonwealth or of any political subdivision thereof or of any municipality therein. See Virginia Code 1-219.1
  • Published informational content: means informational content prepared for or made available to recipients generally, or to a class of recipients, in substantially the same form. See Virginia Code 59.1-501.2
  • Qualified medical direction: means , in the context of the practice of respiratory care, having readily accessible to the respiratory therapist a licensed practitioner of medicine or osteopathic medicine who has specialty training or experience in the management of acute and chronic respiratory disorders and who is responsible for the quality, safety, and appropriateness of the respiratory services provided by the respiratory therapist. See Virginia Code 54.1-2900
  • Radiologic technologist: means an individual, other than a licensed doctor of medicine, osteopathy, podiatry, or chiropractic or a dentist licensed pursuant to Chapter 27 (§ 55-426, or time-shares in a time-share program even though they may be deemed to be securities or (ii) leases or offers to lease, or rents or offers for rent, any real estate or the improvements thereon for others. See Virginia Code 54.1-2100
  • Reasonable attempt to repair: means that within one year after the date of first delivery of the assistive device:

    1. See Virginia Code 59.1-470

  • Receipt: means :

    (A) with respect to a copy, taking delivery; or

    (B) with respect to a notice:

    (i) coming to a person's attention; or

    (ii) being delivered to and available at a location or system designated by agreement for that purpose or, in the absence of an agreed location or system: (a) being delivered at the person's residence, or the person's place of business through which the contract was made, or at any other place held out by the person as a place for receipt of communications of the kind; or (b) in the case of an electronic notice, coming into existence in an information processing system or at an address in that system in a form capable of being processed by or perceived from a system of that type by a recipient, if the recipient uses, or otherwise has designated or holds out, that place or system for receipt of notices of the kind to be given and the sender does not know that the notice cannot be accessed from that place. See Virginia Code 59.1-501.2

  • Receive: means to take receipt. See Virginia Code 59.1-501.2
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Virginia Code 59.1-480
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Virginia Code 59.1-501.2
  • Release: means an agreement by a party not to object to, or exercise any rights or pursue any remedies to limit, the use of information or informational rights which agreement does not require an affirmative act by the party to enable or support the other party's use of the information or informational rights. See Virginia Code 59.1-501.2
  • 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.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Residential real estate: means real property containing from one to four residential dwelling units and the sale of lots containing one to four residential dwelling units. See Virginia Code 54.1-2130 v2
  • Respiratory care: means the practice of the allied health profession responsible for the direct and indirect services, including inhalation therapy and respiratory therapy, in the treatment, management, diagnostic testing, control, and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system under qualified medical direction. See Virginia Code 54.1-2900
  • Responsible person: means either or both of (i) a telephone solicitor or (ii) a seller if the telephone solicitation call offering or advertising the seller's property, goods, or services is presumed to have been made or initiated on behalf of or for the benefit of the seller and the presumption is not rebutted as provided in subsection B of § Virginia Code 59.1-510
  • Send: means , with any costs provided for and properly addressed or directed as reasonable under the circumstances or as otherwise agreed, to deposit a record in the mail or with a commercially reasonable carrier, to deliver a record for transmission to or re-creation in another location or information processing system, or to take the steps necessary to initiate transmission to or re-creation of a record in another location or information processing system. See Virginia Code 59.1-501.2
  • Services: means any work performed by an independent contractor wherein the service rendered does not consist primarily of acquisition of equipment or materials, or the rental of equipment, materials and supplies. See Virginia Code 2.2-4301
  • Soil: means the groups of natural bodies occupying the unconsolidated portion of the earth's surface which are capable of supporting plant life and have properties caused by the combined effects, as modified by topography and time, of climate and living organisms upon parent materials. See Virginia Code 54.1-2200
  • Soil evaluation: means plotting soil boundaries, describing and evaluating the kinds of soil and predicting their suitability for and response to various uses. See Virginia Code 54.1-2200
  • Soil science: means the science dealing with the physical, chemical, mineralogical, and biological properties of soils as natural bodies. See Virginia Code 54.1-2200
  • Soil scientist: means a person having special knowledge of soil science and the methods and principles of soil evaluation as acquired by education and experience in the formation, description and mapping of soils. See Virginia Code 54.1-2200
  • Solicitation: means initiating contact with consumers with the intent of influencing their selection of a funeral plan or funeral service provider. See Virginia Code 54.1-2800
  • Stamping agent: means (i) a person who is authorized by the Tax Commissioner pursuant to § 58. See Virginia Code 3.2-4204
  • Standard agent: means a licensee who acts for or represents a client in an agency relationship in a residential real estate transaction. See Virginia Code 54.1-2130 v2
  • Standard form: means a record or a group of related records containing terms prepared for repeated use in transactions and so used in a transaction in which there was no negotiated change of terms by individuals except to set the price, quantity, method of payment, selection among standard options, or time or method of delivery. See Virginia Code 59.1-501.2
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Virginia Code 59.1-480
  • State: means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Virginia Code 59.1-501.2
  • State agency: means any authority, board, department, instrumentality, institution, agency or other unit of state government. See Virginia Code 2.2-4347
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subcontractor: means any entity that has a contract to supply labor or materials to the contractor to whom the contract was awarded or to any subcontractor in the performance of the work provided for in such contract. See Virginia Code 2.2-4347
  • Subscriber: means (i) a person who has subscribed to telephone service from a telephone company or (ii) other persons living or residing with the person. See Virginia Code 59.1-518.1
  • Supervising broker: means a real estate broker who has been designated by a principal broker to supervise the provision of real estate brokerage services by associate brokers and salespersons assigned to a branch office or a real estate team. See Virginia Code 54.1-2100
  • Supreme Court: means the Supreme Court of Virginia. See Virginia Code 1-249
  • Telephone solicitation call: means any telephone call made or initiated to any natural person's residence in the Commonwealth, or to any wireless telephone with a Virginia area code or to a wireless telephone registered to any natural person who is a resident of the Commonwealth, for the purpose of offering or advertising any property, goods, or services for sale, lease, license, or investment, including offering or advertising an extension of credit. See Virginia Code 59.1-510
  • Telephone solicitor: means any person who makes or initiates, or causes another person to make or initiate, a telephone solicitation call on its own behalf or for its own benefit or on behalf of or for the benefit of a seller. See Virginia Code 59.1-510
  • Termination: means the ending of a contract by a party pursuant to a power created by agreement or law otherwise than because of breach of contract. See Virginia Code 59.1-501.2
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • 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
  • Transaction: means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. See Virginia Code 59.1-480
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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.
  • Usage of trade: means any practice or method of dealing that has such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question. See Virginia Code 59.1-501.2
  • Virginia certified professional wetland delineator: means a person who possesses the qualifications required for certification by the provisions of this chapter and the regulations of the Board and who is granted certification by the Board. See Virginia Code 54.1-2200
  • Wetland delineation: means delineating wetland limits in accordance with prevailing state and federal regulatory guidance and describing wetland types. See Virginia Code 54.1-2200
  • Wetland professional: means a person having special knowledge of wetland science and the methods and principles of wetland delineation as acquired by education and experience in the formation, description and mapping of wetlands. See Virginia Code 54.1-2200
  • Wetland science: means the science dealing with the physical, chemical, and biological properties of wetland systems integrated through ecological and morphological relationships. See Virginia Code 54.1-2200
  • Wetlands: means the same as that term is defined in §§ 28. See Virginia Code 54.1-2200