Terms Used In Virginia Code > Title 8.2 > Part 3 - General Obligation and Construction of Contract

• Act: means the federal Secure and Fair Enforcement for Mortgage Licensing Act, Title V (§ 1501 et seq. See Virginia Code 6.2-1700
• 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.
• 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.
• Amortization: Paying off a loan by regular installments.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Applicant: means any and all persons seeking or holding a permit required under this chapter. See Virginia Code 10.1-1400
• 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.
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• Board: means the Virginia Waste Management Board. See Virginia Code 10.1-1400
• Buyer: means a person who buys or contracts to buy goods. See Virginia Code 8.2-103
• Chief: means the Chief of the Division of Mines of the Department of Energy. See Virginia Code 45.2-100
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• 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.
• Coal refuse: means waste material resulting from the mining and screening or processing of coal. See Virginia Code 45.2-617
• Coal slurry: means waste water and impurities produced as the result of coal washing and preparation of coal for market, containing a combination of coal, shale, claystone, siltstone, sandstone, limestone, or related materials that are excavated, moved, and disposed of from underground workings. See Virginia Code 45.2-617
• Commission: means the State Corporation Commission. See Virginia Code 6.2-100
• Commissioner: means the Commissioner of Financial Institutions. See Virginia Code 6.2-100
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Composting: means the manipulation of the natural aerobic process of decomposition of organic materials to increase the rate of decomposition. See Virginia Code 10.1-1400
• Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Virginia Code 8.2-106
• 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.
• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. ^{Source: OCC}
• Department: means the Department of Environmental Quality. See Virginia Code 10.1-1400
• Department: means the Department of Education. See Virginia Code 22.1-1
• Dependent: A person dependent for support upon another.
• Director: means the Director of the Department of Environmental Quality. See Virginia Code 10.1-1400
• Disclosure statement: means a sworn statement or affirmation, in such form as may be required by the Director, which includes:

  1. See Virginia Code 10.1-1400

• Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. See Virginia Code 10.1-1400
• Division superintendent: means the division superintendent of schools of a school division. See Virginia Code 22.1-1
• Docket: A log containing brief entries of court proceedings.
• Elementary: includes kindergarten. See Virginia Code 22.1-1
• Employee: means an individual (i) whose manner and means of performance of work are subject to the right of control of, or are controlled by, a person and (ii) whose compensation for federal income tax purposes is reported, or required to be reported, on a W-2 form issued by the controlling person. See Virginia Code 6.2-1700
• Employer: means any political subdivision of the Commonwealth, including any county, city, town, authority, or special district that employs fire protection employees except any locality with five or fewer paid firefighters that is exempt from overtime rules by 29 U. See Virginia Code 9.1-700
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Entity: means any corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or other legal or commercial entity. See Virginia Code 6.2-100
• Equity: includes both legal and equitable interests. See Virginia Code 10.1-1400
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Federal acts: means any act of Congress providing for waste management and regulations promulgated thereunder. See Virginia Code 10.1-1400
• Food: means any article that is intended for human consumption and introduction into commerce, whether the article is simple, mixed, or compound, and all substances or ingredients used in the preparation thereof. See Virginia Code 3.2-5145.1
• 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}
• Hazardous substance: means a substance listed under the federal Comprehensive Environmental Response Compensation and Liability Act, P. See Virginia Code 10.1-1400
• Hazardous waste: means a solid waste or combination of solid waste that because of its quantity, concentration or physical, chemical, or infectious characteristics may:

  1. See Virginia Code 10.1-1400

• Household hazardous waste: means any waste material derived from households (including single and multiple residences, hotels, motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas) which, except for the fact that it is derived from a household, would be classified as a hazardous waste, including nickel, cadmium, mercuric oxide, manganese, zinc-carbon or lead batteries; solvent-based paint, paint thinner, paint strippers, or other paint solvents; any product containing trichloroethylene, toxic art supplies, used motor oil and unusable gasoline or kerosene, fluorescent or high intensity light bulbs, ammunition, fireworks, banned pesticides, or restricted-use pesticides as defined in § 3. See Virginia Code 10.1-1400
• 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.
• Industrial hemp: means a Cannabis sativa plant that has a concentration of tetrahydrocannabinol that is no greater than that allowed by federal law. See Virginia Code 3.2-5145.1
• Industrial hemp extract: means an extract (i) of industrial hemp, (ii) that is intended for human consumption, and (iii) except as otherwise provided in subsection M of § 54. See Virginia Code 3.2-5145.1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Law-enforcement employee: means any person who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth, other than an employee who is exempt from the overtime provisions of the Fair Labor Standards Act, and who is a full-time employee of either (i) a police department or (ii) a sheriff's office that is part of or administered by the Commonwealth or any political subdivision thereof. See Virginia Code 9.1-700
• 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}
• Licensee: means an individual licensed under this chapter. See Virginia Code 6.2-1700
• Lien: A claim against real or personal property in satisfaction of a debt.
• Mine refuse impoundment: means a mine refuse pile that retains water that has been used in carrying out any part of the process necessary in the production or preparation of coal. See Virginia Code 45.2-617
• Mine refuse pile: means a pile of coarse or fine coal refuse that is a result of the mining or screening process that may be stacked, spread, or graded and covers 20 acre-feet or more. See Virginia Code 45.2-617
• Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgage loan originator: means an individual who (i) takes an application for or offers or negotiates the terms of a residential mortgage loan in which the dwelling is or will be located in the Commonwealth or (ii) represents to the public, through advertising or other means of communicating or providing information, including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that such individual can or will perform any of the activities described in clause (i). See Virginia Code 6.2-1700
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nontraditional mortgage product: means any mortgage product other than a 30-year fixed rate mortgage. See Virginia Code 6.2-1700
• nuclear waste: includes :

  1. See Virginia Code 10.1-1400

• Office: means the Office of the State Inspector General. See Virginia Code 2.2-307
• Open dump: means a site on which any solid waste is placed, discharged, deposited, injected, dumped, or spilled so as to create a nuisance or present a threat of a release of harmful substances into the environment or present a hazard to human health. See Virginia Code 10.1-1400
• Operator: means any person who operates, controls, or supervises a retaining dam or a mine refuse impoundment. See Virginia Code 45.2-617
• parents: means any parent, guardian, legal custodian, or other person having control or charge of a child. See Virginia Code 22.1-1
• Person: includes an individual, corporation, partnership, association, governmental body, municipal corporation, or any other legal entity. See Virginia Code 10.1-1400
• Person: means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or other legal or commercial entity. See Virginia Code 6.2-100
• Personal property: All property that is not real property.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• public safety officer: includes a law-enforcement officer of the Commonwealth or any of its political subdivisions; a correctional officer as defined in § 53. See Virginia Code 9.1-801
• public uses: means the mining, production, or marketing of coal for the purpose of providing and furnishing heat or power to the people of the Commonwealth. See Virginia Code 45.2-608
• Recycling residue: means the (i) nonmetallic substances, including plastic, rubber, and insulation, that remain after a shredder has separated for purposes of recycling the ferrous and nonferrous metal from a motor vehicle, appliance, or other discarded metallic item and (ii) organic waste remaining after removal of metals, glass, plastics, and paper that are to be recycled as part of a resource recovery process for municipal solid waste resulting in the production of a refuse derived fuel. See Virginia Code 10.1-1400
• Registered mortgage loan originator: means any individual who (i) takes an application for or offers or negotiates the terms of a residential mortgage loan in which the dwelling is or will be located in the Commonwealth, (ii) is an employee of a covered financial institution, and (iii) is registered with, and maintains a unique identifier through, the Registry. See Virginia Code 6.2-1700
• Registry: means a mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of mortgage loan originators. See Virginia Code 6.2-1700
• Regularly scheduled work hours: means those hours that are recurring and fixed within the work period and for which an employee receives a salary or hourly compensation. See Virginia Code 9.1-700
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Resource conservation: means reduction of the amounts of solid waste that are generated, reduction of overall resource consumption, and utilization of recovered resources. See Virginia Code 10.1-1400
• Resource recovery: means the recovery of material or energy from solid waste. See Virginia Code 10.1-1400
• Retaining dam: means an artificial barrier or obstruction that is designed to impound water, coal slurry, or silt (i) to an elevation of five feet or more above the upstream toe of the structure and has a storage volume of 20 acre-feet or more or (ii) to an elevation of 20 feet or more measured at the open channel spillway or from the crest of the dam in a closed system, regardless of storage volume. See Virginia Code 45.2-617
• Sanitary landfill: means a disposal facility for solid waste so located, designed, and operated that it does not pose a substantial present or potential hazard to human health or the environment, including pollution of air, land, surface water, or ground water. See Virginia Code 10.1-1400
• School board: means the school board that governs a school division. See Virginia Code 22.1-1
• Seller: means a person who sells or contracts to sell goods. See Virginia Code 8.2-103
• 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.
• Silt: means fine particles resulting from a mining operation, suspended in or deposited by water. See Virginia Code 45.2-617
• Solid waste: means any garbage, refuse, sludge, and other discarded material, including solid, liquid, semisolid, or contained gaseous material, resulting from industrial, commercial, mining, and agricultural operations, or community activities, but does not include (i) solid or dissolved material in domestic sewage; (ii) solid or dissolved material in irrigation return flows or in industrial discharges that are sources subject to a permit from the State Water Control Board; (iii) source, special nuclear, or by-product material as defined by the Federal Atomic Energy Act of 1954, as amended; or (iv) post-use polymers or recovered feedstocks that are (a) processed at an advanced recycling facility or (b) held at or held for the purpose of conversion at such advanced recycling facility prior to conversion. See Virginia Code 10.1-1400
• Solid waste management facility: means a site used for planned treating, long-term storage, or disposing of solid waste. See Virginia Code 10.1-1400
• state agency: means the same as that term is defined in § 2. See Virginia Code 1-206
• State Board: means the Board of Education. See Virginia Code 22.1-1
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Superintendent: means the Superintendent of Public Instruction. See Virginia Code 22.1-1
• sworn: means "affirm" or "affirmed. See Virginia Code 1-250
• Tetrahydrocannabinol: means the same as that term is defined in § 3. See Virginia Code 3.2-5145.1
• Total tetrahydrocannabinol: means the same as that term is defined in § 3. See Virginia Code 3.2-5145.1
• transportation: means any movement of property and any packing, loading, or unloading or storage incidental thereto. See Virginia Code 10.1-1400
• Treatment: means any method, technique, or process, including incineration or neutralization, designed to change the physical, chemical, or biological character or composition of any waste to neutralize it or to render it less hazardous or nonhazardous, safer for transport, amenable to recovery or storage, or reduced in volume. See Virginia Code 10.1-1400
• Trustee: A person or institution holding and administering property in trust.
• Unique identifier: means a number or other identifier assigned by protocols established by the Registry that permanently identifies a mortgage loan originator. See Virginia Code 6.2-1700
• 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
• Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
• Vegetative waste: means decomposable materials generated by yard and lawn care or land-clearing activities and includes, but is not limited to, leaves, grass trimmings, and woody wastes such as shrub and tree prunings, bark, limbs, roots, and stumps. See Virginia Code 10.1-1400
• Waste: means any solid, hazardous, or radioactive waste as defined in this section. See Virginia Code 10.1-1400
• Waste management: means the collection, source separation, storage, transportation, transfer, processing, treatment, and disposal of waste or resource recovery. See Virginia Code 10.1-1400
• Water: means liquid or slurry resulting from the processing of coal in mining operations. See Virginia Code 45.2-617
• Yard waste: means decomposable waste materials generated by yard and lawn care and includes leaves, grass trimmings, brush, wood chips, and shrub and tree trimmings. See Virginia Code 10.1-1400