Terms Used In West Virginia Code > Chapter 30 > Article 8 - Optometrists

• 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.
• 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.
• Appendages: means the eyelids, the eyebrows, the conjunctiva and the lacrimal apparatus. See West Virginia Code 30-8-3
• Applicant: means any person making application for a license, certificate or temporary permit under the provisions of this article. See West Virginia Code 30-8-3
• 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 West Virginia Board of Optometry. See West Virginia Code 30-8-3
• Business entity: means any firm, partnership, association, company, corporation, limited partnership, limited liability company or other entity owned by licensees that practices optometry. See West Virginia Code 30-8-3
• Certificate: means a prescription certificate issued under section fifteen of this article. See West Virginia Code 30-8-3
• Certificate holder: means a person authorized to prescribe certain drugs under section fifteen of this article. See West Virginia Code 30-8-3
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fraud: Intentional deception resulting in injury to another.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• License: means a license to practice optometry. See West Virginia Code 30-8-3
• Licensee: means an optometrist licensed under the provisions of this article. See West Virginia Code 30-8-3
• Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• permit: means a permit issued to a person who has graduated from an approved school, has taken the examination prescribed by the board, and is awaiting the results of the examination. See West Virginia Code 30-8-3
• Permittee: means a person holding a temporary permit. See West Virginia Code 30-8-3
• Practice of optometry: means the examining, diagnosing and treating of any visual defect or abnormal condition of the human eye or its appendages within the scope established in this article or associated rules. See West Virginia Code 30-8-3
• 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.
• 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.
• State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.