Terms Used In Maryland Code > BUSINESS REGULATION > Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies

• Accuser: means :
  
  (1) a person who signs and swears to charges;
  
  (2) a person who directs that charges nominally be signed and sworn to by another; or
  
  (3) any other person who has an interest other than an official interest in the prosecution of the accused. See
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• 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.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• 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
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• assault: means assault in any degree unless a specific degree of assault is specified. See
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• candidate: means a person who is enrolled in or attending a state military academy, a regional training institute, or any other formal education program for the purpose of becoming a commissioned officer in the state military forces. See
• certified mail: includes "registered mail"; and
  
  (3) "registered mail" includes "certified mail". See
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Classified information: means :
  
  (1) information or material that has been determined by an official of the United States or a state pursuant to law, an Executive order, or regulation to require protection against unauthorized disclosure for reasons of national or state security; and
  
  (2) restricted data, as defined in § 11(y) of the Atomic Energy Act of 1954, 42 U. See
• 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.
• Commander: means commanding officer. See
• Commanding officer: includes :
  
  (1) commissioned officers of the state military forces; and
  
  (2) officers in charge only when administering non-judicial punishment under § 13A-301 of this code. See
• Continuance: Putting off of a hearing ot trial until a later time.
• Convening authority: includes :
  
  (1) the person who convened the court; and
  
  (2) (i) a commissioned officer commanding for the time being; or
  
  (ii) a successor in command to the convening authority. See
• Day: means :
  
  (1) calendar day and is not synonymous with the term "unit training assembly. See
• de novo: means judicial review based on an administrative record and any additional evidence that would be authorized by § 10-222(f) and (g) of the State Government Article. See
• Decedent: A deceased person.
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• 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}
• Enlisted member: means a person in an enlisted grade. See
• 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}
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• 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.
• 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
• Grantor: The person who establishes a trust and places property into it.
• 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.
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Judge advocate: means a commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of a state:
  
  (1) (i) certified or designated as a judge advocate in the Judge Advocate General's Corps of the Army, Air Force, Navy, or the Marine Corps or designated as a law specialist as an officer of the Coast Guard, or a reserve component of one of these; or
  
  (ii) certified as a non-federally recognized judge advocate, under regulations adopted pursuant to this provision, by the senior judge advocate of the commander of the force in the state military forces of which the accused is a member, as competent to perform such military justice duties required by this code; or
  
  (2) if no judge advocate certified under item (1) of this subsection is available, certified by a senior judge advocate of the commander of another force in the state military forces, as the convening authority directs. See
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Military court: means :
  
  (1) a court-martial; or
  
  (2) a court of inquiry. See
• Military judge: means an official of a general or special court-martial detailed in accordance with § 13A-505 of this title. See
• Military offenses: means the offenses prescribed under the punitive provisions of the code. See
• minor: means an individual under the age of 18 years. See
• 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.
• Officer: means a commissioned or warrant officer. See
• Personal representative: includes an administrator and an executor. See
• 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.
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• 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.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Record: when used in connection with the proceedings of a court-martial, means:
  
  (1) an official written transcript, written summary, or other writing relating to the proceedings; or
  
  (2) an official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images depicting the proceedings, may be reproduced. See
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Senior force judge advocate: means the senior judge advocate of the commander of the same force of the State military forces as the accused and who is that commander's chief legal advisor. See
• Service of process: The service of writs or summonses to the appropriate party.
• State military forces: means the National Guard of the State, as defined in title 32 of the United States Code, when not in a status subjecting them to exclusive jurisdiction under 10 U. See
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Superior commissioned officer: means a commissioned officer superior in rank or command. See
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testify: Answer questions in court.
• this Code: means a code of the public general laws of the State that has been adopted and made evidence of the public general laws of the State under § 10-201 of the Courts Article. See
• 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.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Victim advocate: work with prosecutors and assist the victims of a crime.
• Voice vote: A vote in which the Presiding Officer states the question, then asks those in favor and against to say "Yea" or "Nay," respectively, and announces the result according to his or her judgment. The names or numbers of legisators voting on each side are not recorded.
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.