Terms Used In Delaware Code > Title 17 > Chapter 1 - General Provisions

• Accredited: means a program which has been surveyed and approved by the Commission on Accreditation of Rehabilitation Facilities for not less than a 1-year period. See Delaware Code Title 19 Sec. 1001
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Allegation: something that someone says happened.
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Antenna: means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. See Delaware Code Title 17 Sec. 1603
• 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.
• Applicable codes: means uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons to the extent not inconsistent with the terms of this chapter. See Delaware Code Title 17 Sec. 1603
• Applicant: means any person who submits an application and is a wireless provider. See Delaware Code Title 17 Sec. 1603
• Application: means a request submitted by an applicant to the Department for a permit:

  a. See Delaware Code Title 17 Sec. 1603

• 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.
• 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.
• Automobile graveyard: means any establishment or place of business which is maintained, used or operated, for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts. See Delaware Code Title 17 Sec. 1202
• 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.
• Chain of custody: means the methodology of tracking specimens for the purpose of maintaining control and accountability from initial collection to final disposition of the specimens and providing for accountability at each stage of collecting, handling, testing, storing and transporting the specimens and reporting test results. See Delaware Code Title 20 Sec. 3132
• Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Collocate: means to install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a small wireless support structure or utility pole. See Delaware Code Title 17 Sec. 1603
• 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.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Construction: means the first complete building or rebuilding of a highway after it has been converted into a state highway upon a modern engineering design with a permanent foundation of cement, concrete or other equally hard and permanent material and a top dressing of suitable material to economically withstand the wear of the particular traffic to which such highway will probably be subject with an adequate drainage system so that such highway, with reasonable maintenance, can reasonably be expected to endure for upwards of 40 years. See Delaware Code Title 17 Sec. 101
• Contagious disease: is a n infectious disease that can be transmitted from person to person, animal to person, or insect to person. See Delaware Code Title 20 Sec. 3132
• Contract: A legal written agreement that becomes binding when signed.
• Contractor: includes , but is not limited to, an architect, engineer, nursery worker, landscaper, subcontractor or any other person who enters into any contract with the Department of Transportation, its agents or authorized employees for the erection, construction, completion, authorization or repair of any highway, right-of-way, turnpike or toll express highway, including shoulders, median strips, parkways and islands, by such contractor. See Delaware Code Title 17 Sec. 801
• controlled area: means , and "controlled areas" includes, any area inside the boundaries of this State which is adjacent to and within 1,000 feet of the nearest edge of the right-of-way of a highway of the interstate system or the primary system. See Delaware Code Title 17 Sec. 1202
• controlled areas: includes , any area inside the boundaries of this State which is adjacent to and within 1,000 feet of the nearest edge of the right-of-way of a highway of the interstate system or the primary system. See Delaware Code Title 17 Sec. 1202
• Conviction: A judgement of guilt against a criminal defendant.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Delaware byway: is a transportation route which is adjacent to or runs along or next to an area that has particular intrinsic scenic, historic, recreational, cultural or archaeological qualities and for which such transportation route is managed in order to protect such characteristics and to encourage development of tourism and recreational resources. See Delaware Code Title 17 Sec. 101
• Department: means the Delaware Department of Transportation. See Delaware Code Title 17 Sec. 1603
• Department: means the Department of Labor or its authorized representatives. See Delaware Code Title 19 Sec. 901
• Department: means the Department of Labor or its authorized representatives. See Delaware Code Title 19 Sec. 1001
• Department: means the Department of Transportation. See Delaware Code Title 17 Sec. 101
• Devise: To gift property by will.
• Disaster: means a catastrophic condition caused by a man-made event (including, but not limited to, industrial, nuclear or transportation accident, explosion, conflagration, power failure, act of domestic terrorism, natural resource shortage or other condition resulting from man-made causes, such as hazardous materials spills and other injurious environmental contamination), natural event (including, but not limited to, any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, landslide, mud slide, snowstorm, drought, fire or explosion) or war-caused event (following an attack upon the United States caused by use of bombs, missiles, shellfire or nuclear, radiological, chemical or biological means, or other weapons, or overt paramilitary actions, or other conditions such as sabotage) which results in substantial damage to property or the environment, and/or hardship, suffering, injury or possible loss of life. See Delaware Code Title 20 Sec. 3102
• Docket: A log containing brief entries of court proceedings.
• 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}
• Emergency: means any situation which requires efforts and capabilities to save lives or to protect property, public health and safety, or to lessen or avert the threat of a disaster in Delaware. See Delaware Code Title 20 Sec. 3102
• Emergency management: means the mitigation, preparedness, response and recovery functions necessary to save lives and to protect property, public health and safety or to lessen or avert the threat of a disaster in any part of the State, other than functions for which military forces or other federal agencies are primarily responsible. See Delaware Code Title 20 Sec. 3102
• Employee: includes any individual employed by an employer but shall not include:

  a. See Delaware Code Title 19 Sec. 901

• Employee: means a person employed full or part-time by any employer, and shall include, but not be limited to, at-will employees, contract employees, independent contractors, and volunteer firefighters as defined in § 6651(c) of Title 16. See Delaware Code Title 19 Sec. 1702
• Employer: includes any individual, partnership, association, corporation, statutory trust, business trust or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee. See Delaware Code Title 19 Sec. 901
• Employer: means any person, partnership, association, sole proprietorship, corporation or other business entity, including any department, agency, commission, committee, board, council, bureau, or authority or any subdivision of them in state, county or municipal government. See Delaware Code Title 19 Sec. 1702
• Employer: means any person employing 10 or more employees; and

  (2) "Volunteer emergency responder" means a volunteer firefighter, a member of a ladies auxiliary of a volunteer fire company, volunteer emergency medical technician and/or a volunteer fire police officer. See Delaware Code Title 19 Sec. 1802

• 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.
• 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.
• Ex officio: Literally, by virtue of one's office.
• Executor: A male person named in a will to carry out the decedent
• 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.
• Fee: means a 1-time charge. See Delaware Code Title 17 Sec. 1603
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Gratuities: means voluntary monetary contributions received by an employee from a guest, patron or customer for services rendered. See Delaware Code Title 19 Sec. 901
• Health care provider: means any person or entity who provides health care services, including, but not limited to, hospitals, medical clinics and offices, special care facilities, medical laboratories, physicians, pharmacists, dentists, physician assistants, nurse practitioners, registered and other nurses, paramedics, emergency medical or laboratory technicians, and ambulance and emergency medical workers. See Delaware Code Title 20 Sec. 3132
• highway: include any public way or road or portion thereof and any sewer, drain or drainage system connected therewith and any bridge, culvert, viaduct or other construction or artificial way used in connection therewith and anything which is accessory to any of the same or to the use thereof. See Delaware Code Title 17 Sec. 101
• Infectious disease: is a disease caused by a living organism or other pathogen, including a fungus, bacillus, parasite, protozoan or virus. See Delaware Code Title 20 Sec. 3132
• Infectious waste: means :

  a. See Delaware Code Title 20 Sec. 3132

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interstate system: means that portion of the national system of interstate and defense highways located within this State, as officially designated, or as may hereafter be so designated, by the Department, and approved by the Secretary of Transportation pursuant to Title 23, United States Code, "Highways. See Delaware Code Title 17 Sec. 1202
• Junk: means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material. See Delaware Code Title 17 Sec. 1202
• Junkyard: means an establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard. See Delaware Code Title 17 Sec. 1202
• Law: means federal, state, or local law, statute, common law, code, rule, regulation, order, or ordinance. See Delaware Code Title 17 Sec. 1603
• laws of this State: includes a provision of the Constitution or statutes of this State, or an ordinance, rule or regulation enacted or adopted by an agency or political subdivision of this State pursuant to the Constitution or statutes. See Delaware Code Title 17 Sec. 1202
• Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Main-traveled way: means the traveled way of a highway on which through traffic is carried. See Delaware Code Title 17 Sec. 1202
• manufacturer: shall include any maker of new, incomplete vehicles and such maker's authorized sales and service representatives; any maker or final assembler of vehicle bodies, components or specialized equipment; and any installer of vehicle bodies, major components or specialized equipment which alters the vehicle's gross vehicle weight rating, or which substantially changes its use, and which conforms to the requirements of the National Traffic and Motor Vehicle Safety Act [repealed; see now 49 U. See Delaware Code Title 21 Sec. 2105
• Mitigation: means any action before or after a response event taken to reduce or eliminate the long-term risk to human life and/or property from natural hazards or any cost-effective measure which is intended to reduce the potential for damage to a facility from a disaster event. See Delaware Code Title 20 Sec. 3102
• Moneys or funds: includes , but is not limited to, the entire amount of all moneys or funds received by a contractor, as defined in this section, in connection with a contract with the Department of Transportation for the erection, construction, completion, authorization or repair of any highway, right-of-way, turnpike or toll express highway, including shoulders, median strips, parkways and islands, by such contractor, and moneys or funds by way of a loan or advance for the purpose of such erection, construction, completion, authorization or repair of any highway, right-of-way, turnpike or toll express highway, including shoulders, median strips, parkways and islands, by such contractor. See Delaware Code Title 17 Sec. 801
• Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
• 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.
• Occupation: means any occupation, service, trade, business, industry or branch or group of industries or employment or class of employment in which employees are gainfully employed. See Delaware Code Title 19 Sec. 901
• Oversight: Committee review of the activities of a Federal agency or program.
• Permit: means a written authorization required by the Department to perform an action or initiate, continue, or complete a project. See Delaware Code Title 17 Sec. 1603
• Person: means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the Department. See Delaware Code Title 17 Sec. 1603
• Person: means an individual, sole proprietorship, partnership, corporation, association, or any other legal entity. See Delaware Code Title 19 Sec. 1702
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• Political subdivision: means any town, city or county within the State. See Delaware Code Title 20 Sec. 3102
• 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.
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Primary system: means that portion of connected main highways of this State officially designated as such, or as may hereafter be designated as such, by the Department, and approved by the Secretary of Transportation, pursuant to Title 23, United States Code, "Highways. See Delaware Code Title 17 Sec. 1202
• Probate: Proving a will
• Public body: means all of the following:

  a. See Delaware Code Title 19 Sec. 1702

• Public health authority: means the Secretary of Health and Social Services or such person as the Secretary may designate with the Governor's consent. See Delaware Code Title 20 Sec. 3132
• public health emergency: is a n occurrence or imminent threat of an illness or health condition that:

  a. See Delaware Code Title 20 Sec. 3132

• 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 authority: means the Director of the Delaware Emergency Management Agency or such other person as the Governor may designate. See Delaware Code Title 20 Sec. 3132
• Qualified medical personnel: means medical personnel who voluntarily provide their services without compensation through participation in a state-recognized group of providers organized for the sole purpose of assisting in emergency or disaster relief operations and activities in connection with any emergency or disaster pursuant to this chapter, such as, but not limited to, a Medical Reserve Corps. See Delaware Code Title 20 Sec. 3102
• Quorum: The number of legislators that must be present to do business.
• Railroad: means a road, the cars, carriages and coaches on which are propelled by steam power, electricity, cable, motor or any improved motive power. See Delaware Code Title 17 Sec. 101
• Rate: means a recurring charge. See Delaware Code Title 17 Sec. 1603
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Response: means any action taken to reduce or eliminate the immediate or short-term risk to human life and/or property from any hazard. See Delaware Code Title 20 Sec. 3102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• ROW: means the area on, below, or above or across public roads, causeways, highways, bridges in the State which have been or may hereafter be constructed, acquired, or accepted by the Department. See Delaware Code Title 17 Sec. 1603
• Secretary: means the Secretary of Transportation. See Delaware Code Title 17 Sec. 101
• 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.
• Sheltered workshop: means an accredited occupationally-oriented facility, including a work activities center, operated by a private nonprofit agency, which, except for its administrative and support staff, employs disabled persons certified under special provisions of federal minimum wage laws by the Wage and Hour Division, United States Department of Labor. See Delaware Code Title 19 Sec. 1001
• Small wireless facility: means a wireless facility that meets both of the following qualifications:

  a. See Delaware Code Title 17 Sec. 1603

• Small wireless support structure: means : a freestanding structure, such as a monopole; tower, either guyed or self-supporting; billboard; or, other existing or proposed structure that complies with the height restrictions in § 1606(g) of this title designed to support or capable of supporting wireless facilities. See Delaware Code Title 17 Sec. 1603
• Specimens: includes , but is not limited to, blood, sputum, urine, stool, other bodily fluids, wastes, tissues and cultures necessary to perform required tests. See Delaware Code Title 20 Sec. 3132
• State highway: includes any road or highway or portion thereof which the Department has constructed or of which the Department has taken or assumed control or jurisdiction. See Delaware Code Title 17 Sec. 101
• State of emergency: means an emergency proclaimed pursuant to an emergency order by the Governor. See Delaware Code Title 20 Sec. 3102
• State of Emergency Declaration: means the Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat issued by the Governor on March 12, 2020. See Delaware Code Title 20 Sec. 3102
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Supervisor: means any individual to whom an employer has given the authority to direct and control the work performance of the affected employee or any individual who has the authority to take corrective action regarding the violation of a law, rule or regulation about which the employee complains. See Delaware Code Title 19 Sec. 1702
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tests: includes , but is not limited to, any diagnostic or investigative analyses necessary to prevent the spread of disease or protect the public's health, safety and welfare. See Delaware Code Title 20 Sec. 3132
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• Unzoned industrial areas: means those areas not zoned by any state, county or local authority, but used primarily for industrial purposes as determined by the Department. See Delaware Code Title 17 Sec. 1202
• Utility pole: means a pole or similar structure owned by a public utility located in the ROW. See Delaware Code Title 17 Sec. 1603
• Violation: means an act or omission by an employer, or an agent thereof, that is:

  a. See Delaware Code Title 19 Sec. 1702

• Visible: means capable of being seen without visual aid by a person of normal visual acuity. See Delaware Code Title 17 Sec. 1202
• Wage: means compensation due to an employee by reason of the employee's employment, payable in legal tender of the United States or check or bank convertible into cash on demand at full face value, subject to such deductions, charges or allowances as may be permitted by the regulations of the Department under this chapter. See Delaware Code Title 19 Sec. 901
• Wireless facility: means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including:

  1. See Delaware Code Title 17 Sec. 1603

• Wireless infrastructure provider: means any person, including a person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment, wireless facilities or wireless support structures, pursuant to an agreement with a wireless service provider. See Delaware Code Title 17 Sec. 1603
• Wireless provider: means a wireless infrastructure provider or a wireless services provider. See Delaware Code Title 17 Sec. 1603
• Wireless services: means any services provided using licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities. See Delaware Code Title 17 Sec. 1603
• Wireless services provider: means a person who provides wireless services. See Delaware Code Title 17 Sec. 1603