Terms Used In West Virginia Code > Chapter 3 > Article 12 - West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program

• 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.
• Agreement: means the long-term lease and agreement to be entered into between the board and the corporation pursuant to section four of this article. See West Virginia Code 18-11C-1
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assets: means all assets of the board constituting tangible and intangible personal property credited to the hospital on the financial ledgers and equipment inventories of the university at the transfer date, and as more particularly or additionally identified or supplemented in the agreement, excluding all hospital funds deposited with the State Treasurer. See West Virginia Code 18-11C-1
• at-risk youth: means all children between birth and seventeen and young adults between the ages of eighteen and twenty-one who are low income, receiving benefits from the West Virginia Department of Health and Human Resources, legally under the jurisdiction of the Department of Health and Human Resources or in custody of the West Virginia Division of Juvenile Services, the selected county'. See West Virginia Code 18-21-1
• Bequest: Property gifted by will.
• board: means a county board of education. See West Virginia Code 18-1-1
• board: when used in this article, means the West Virginia board of regents. See West Virginia Code 18-11E-1
• board: when used in this article, means the West Virginia board of regents. See West Virginia Code 18-11D-1
• board of trustees: means the West Virginia University board of Governors. See West Virginia Code 18-11C-1
• Certified candidate: means an individual seeking election to the West Virginia Supreme Court of Appeals who has been certified in accordance with section ten of this article as having met all of the requirements for receiving public campaign financing from the fund. See West Virginia Code 3-12-3
• children: as used in this article includes any child of a veteran who has been legitimized by operation of law prior to the veteran'. See West Virginia Code 18-19-1
• code: means this article. See West Virginia Code 15-1E-1
• Contribution: means a gift subscription, assessment, payment for services, dues, advance, donation, pledge, contract, agreement, forbearance or promise of money or other tangible thing of value, whether conditional or legally enforceable, or a transfer of money or other tangible thing of value to a person, made for the purpose of influencing the nomination, election or defeat of a candidate. See West Virginia Code 3-12-3
• Corporation: means the nonstock, not-for-profit corporation to be established under the general corporation laws of the state, which meets the description prescribed by section three of this article. See West Virginia Code 18-11C-1
• Corporation employees: means employees of the corporation. See West Virginia Code 18-11C-1
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Directors: means the board of directors of the corporation. See West Virginia Code 18-11C-1
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Existing facilities: means the West Virginia University hospital and clinics, other than those used for student health and family practice, presently existing at the West Virginia University medical center in Morgantown and owned and operated by the board. See West Virginia Code 18-11C-1
• Exploratory contribution: means a contribution of no more than $1,000 made by an individual adult, including a participating candidate and members of his or her immediate family, during the exploratory period but prior to filing the declaration of intent. See West Virginia Code 3-12-3
• Exploratory period: means the period during which a participating candidate may raise and spend exploratory contributions to examine his or her chances of election and to qualify for public campaign financing under this article. See West Virginia Code 3-12-3
• 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.
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Financial agent: means any individual acting for and by himself or herself, or any two or more individuals acting together or cooperating in a financial way to aid or take part in the nomination or election of any candidate for public office, or to aid or promote the success or defeat of any political party at any election. See West Virginia Code 3-12-3
• 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.
• Forbearance: A means of handling a delinquent loan. A
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the Supreme Court of Appeals Public Campaign Financing Fund created by section five of this article. See West Virginia Code 3-12-3
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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.
• Hazing: means to cause any action or situation which recklessly or intentionally endangers the mental or physical health or safety of another person or persons or causes another person or persons to destroy or remove public or private property for the purpose of initiation or admission into or affiliation with, or as a condition for continued membership in, any organization the members of which are primarily students or alumni of an institution of higher education. See West Virginia Code 18-16-2
• Health science schools: means the schools of medicine, dentistry, pharmacy and nursing and any other schools at the university considered by the board to be health sciences. See West Virginia Code 18-11C-1
• Hospital: means the inpatient and outpatient health care services of the board, other than those used for student health services and family practice clinics, operated in connection with the university, consisting of the existing facilities and any other health care service components of the West Virginia University medical center at Morgantown rendering patient care services and more particularly identified by the agreement. See West Virginia Code 18-11C-1
• immediate family members: means the spouse, parents, step-parents, siblings and children of the participating candidate. See West Virginia Code 3-12-3
• institution: means any public or private institution as defined in §. See West Virginia Code 18-16-2
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
• Laws of the state: includes the Constitution of the State of West Virginia and the Constitution of the United States, and treaties and laws made in pursuance thereof. See West Virginia Code 2-2-10
• 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: means all liabilities, except those specifically excluded by section four of this article, credited to the hospital on the financial ledgers of the university at the transfer date and as more particularly or additionally identified, supplemented or limited in the agreement. See West Virginia Code 18-11C-1
• 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.
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• New facilities: means a new hospital facility and out-patient clinics, appurtenant facilities, equipment and necessary services to be acquired, built, operated or contracted for by the corporation on property leased from the board within Monongalia County, West Virginia, pursuant to the agreement. See West Virginia Code 18-11C-1
• Nonparticipating candidate: means a candidate who is:

  (A) Seeking election to the Supreme Court of Appeals. See West Virginia Code 3-12-3

• Nonpartisan judicial election campaign period: means the period beginning on the first day of the primary election filing period, as determined under section seven, article five of this chapter, and ending on the day of the nonpartisan judicial election. See West Virginia Code 3-12-3
• oath: shall be deemed to include an affirmation and the word "swear" or "sworn" to be complied with if the person referred to make solemn affirmation. See West Virginia Code 2-2-7
• Oath: A promise to tell the truth.
• 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.
• Organization: means any fraternity, sorority, association, corporation, order, society, corps, club, or similar group, or a national or international affiliate thereof, the membership of which is primarily made up students or alumni of an institution of higher education. See West Virginia Code 18-16-2
• Oversight: Committee review of the activities of a Federal agency or program.
• Participating candidate: means a candidate who is seeking election to the Supreme Court of Appeals and is attempting to be certified in accordance with section ten of this article to receive public campaign financing from the fund. See West Virginia Code 3-12-3
• Person: means an individual, partnership, committee, association and any other organization or group of individuals. See West Virginia Code 3-12-3
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Qualifying contribution: means a contribution received from a West Virginia registered voter of not less than $1 nor more than $100 in the form of cash, check or money order, made payable to a participating candidate or the candidate'. See West Virginia Code 3-12-3
• Qualifying period: means the period during which participating candidates may raise and spend qualifying contributions in order to qualify to receive public campaign financing. See West Virginia Code 3-12-3
• Quorum: The number of legislators that must be present to do business.
• 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.
• School: means the students and teachers assembled in one or more buildings, organized as a unit. See West Virginia Code 18-1-1
• spouse: as used in this article includes any spouse who remained married to the veteran prior to the veteran'. See West Virginia Code 18-19-1
• State board: means the West Virginia Board of Education. See West Virginia Code 18-1-1
• State superintendent: means the state superintendent of free Schools. See West Virginia Code 18-1-1
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• superintendent: means a county superintendent of schools. See West Virginia Code 18-1-1
• system: means the nonstock, not-for-profit corporation to be established under the general corporation laws of the state, which meets the description set forth in section three-a of this article. See West Virginia Code 18-11C-1
• Teacher: means a teacher, supervisor, principal, superintendent, public school librarian or any other person regularly employed for instructional purposes in a public school in this state. See West Virginia Code 18-1-1
• 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.
• Transfer date: means July 1, 1984, or any later date agreed upon by the board and the corporation and filed with the Secretary of State. See West Virginia Code 18-11C-1
• Trustee: A person or institution holding and administering property in trust.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• University: means West Virginia University. See West Virginia Code 18-11C-1
• University personnel: means those employees of the board or the university for whose services the corporation contracts with the board or the university, as appropriate. See West Virginia Code 18-11C-1