Terms Used In Vermont Statutes > Title 11 > Chapter 22 - Partnerships

• Abusive litigation: means litigation or other legal action to deter, prevent, sanction, or punish any person engaging in legally protected health care activity by:

• Access: means to instruct, communicate with, store data in, enter data in, retrieve data from, or otherwise make use of any resources of a computer, computer system, or computer network. See
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• action: shall include any proceeding or investigation by a grand jury commenced or about to be commenced, or any action, prosecution or proceeding; "witness" shall include a person whose testimony is desired in any such action; and the word "state" shall include any territory of the United States and District of Columbia. See
• Actor: means a person charged with sexual assault or aggravated sexual assault. See
• Address: means the actual location of the sex offender's dwelling, including the street address, if any. See
• Adverse result: means :

• 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.
• Affected person: means any of the following persons who has requested notification in writing from the court or the Department of Corrections:

• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agritourism activity: means an interactive or passive activity that is carried out for recreational, entertainment, or educational purposes on a farm and includes farming, food production, historical, cultural, pick-your-own, and nature-based activities. See
• Agritourism host: means a person who provides the facilities and equipment necessary to participate in an agritourism activity. See
• 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.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appearance bond: means a written agreement that allows a person charged with a criminal offense to be released if the person pledges to pay the court a specified amount in the event the person fails to appear at a court proceeding. See
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicant: means a person who has applied for relief from State liability through participation in the Program. See
• 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.
• 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.
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bail: means any security, including cash, pledged to the court to ensure that a person charged with a criminal offense will appear at future court proceedings. See
• Bailiff: a court officer who enforces the rules of behavior in courtrooms.
• 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.
• 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}
• Blackmail: means the extortion of money, labor, commercial sexual activity, or anything of value from a person through use of a threat to expose a secret or publicize an asserted fact, whether true or false, that would tend to subject the person to hatred, contempt, ridicule, or prosecution. See
• Board: means the Victims Compensation Board established under this chapter. See
• Bodily injury: means physical pain, illness, or any impairment of physical condition. See
• Bodily injury: means physical pain, illness, or any impairment of physical condition. See
• Brownfield site: means real property, the expansion, redevelopment, or reuse of which may be complicated by the release or threatened release of a hazardous material. See
• Business: includes every trade, occupation, and profession. See
• Caregiver: means :

• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Charitable or nonprofit organization: means any organization which is exempt from federal or State income taxation, except that the term does not include organizations which sell or offer to sell such donated items of food. 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.
• Child: means any person under 16 years of age. See
• Civil disorder: means any public disturbance involving acts of violence by an assemblage of two or more persons that causes an immediate danger of or results in damage or injury to the property or person of any other individual. 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.
• Clinical assessment: means the procedures, to be conducted after a client has been screened, by which a licensed or otherwise approved counselor identifies and evaluates an individual's strengths, weaknesses, problems, and needs for the development of a treatment plan. See
• Coercion: means :

• Collateral consequence: means a mandatory sanction or a discretionary disqualification. See
• Commercial sex act: means any sexual act, sexual conduct, or sexually explicit performance on account of which anything of value is promised to, given to, or received by any person. See
• Commissioner: means the Commissioner of Forests, Parks and Recreation. See
• 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.
• Computer: means an electronic device which performs logical, arithmetic, and memory functions by the manipulations of electronic, photonic or magnetic impulses, and includes all input, output, processing, storage, software, or communications facilities which are connected or related to such a device in a system or network, including devices available to the public for limited or designated use or other devices used to access or connect to such a system or network. See
• Computer network: means the interconnection of remote user terminals with a computer through communications lines, or a complex consisting of two or more interconnected computers. See
• Computer program: means a series of instructions or statements or related data that, in actual or modified form, is capable of causing a computer or a computer system to perform specified functions in a form acceptable to a computer, that permits the functioning of a computer system in a manner designed to provide appropriate products from such computer system. See
• Computer software: means a set of computer programs, procedures, and associated documentation concerned with the operation of a computer system. See
• Computer system: means a set of connected computer equipment, devices and software. See
• Consent: means the affirmative, unambiguous, and voluntary agreement to engage in a sexual act, which can be revoked at any time. See
• Consideration: means a price, fee, or other charge paid to or received by the owner in return for the permission to enter upon or to travel across the owner's land for recreational use. See
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conventional forestry practices: means :

• Conviction: A judgement of guilt against a criminal defendant.
• Conviction: includes an adjudication for delinquency for purposes of this chapter only, unless otherwise specified. See
• Conviction: means a judgment of guilt following a verdict or finding of guilt, a plea of guilty, a plea of nolo contendere, an Alford Plea, or a judgment of guilt pursuant to a deferred sentence. See
• 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.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Court: means a court of competent jurisdiction in Vermont. See
• Court: means the Criminal Division of the Superior Court. See
• Court: means the Criminal Division of the Superior Court. See
• Court: means the Family Division of the Superior Court. See
• Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) ^{Source: OCC}
• Crime: includes delinquent acts and an act of terrorism, as defined in 18 U. See
• Criminal history record: means all information documenting an individual's contact with the criminal justice system, including data regarding identification, arrest or citation, arraignment, judicial disposition, custody, and supervision. See
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dangerous weapon: means an explosive or a firearm. See
• Data: means any representation of information, knowledge, facts, concepts, or instructions that are being prepared or have been prepared and are intended to be entered, processed, or stored, are being entered, processed, or stored, or have been entered, processed, or stored in a computer, computer system, or computer network. See
• Dating: means a social relationship of a romantic nature. See
• DBH: means the diameter of a standing tree at four and one-half feet from the ground. See
• Deadly force: means physical force that a person uses with the intent of causing, or that the person knows or should have known would create a substantial risk of causing, death or serious bodily injury. See
• Deadly weapon: means :

• Debt bondage: means a condition or arrangement in which a person requires that a debtor or another person under the control of a debtor perform labor, services, sexual acts, sexual conduct, or a sexually explicit performance in order to retire, repay, or service a real or purported debt that the person has caused with the intent to defraud the debtor. See
• Decedent: A deceased person.
• Decision-maker: means the State acting through a department, agency, officer, or instrumentality, including a political subdivision, educational institution, board, or commission, or its employees or a government contractor, including a subcontractor, made subject to this chapter by contract, by law other than this chapter, or by ordinance. See
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Defense attorney: Represent defendants in criminal matters.
• Department: means the Department of Public Safety. See
• Dependent: A person dependent for support upon another.
• Dependent: means the victim's spouse, domestic partner, or a person who is legally dependent for support upon a victim. See
• 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.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Discretionary disqualification: means a penalty, disability, or disadvantage that an administrative agency, governmental official, or court in a civil proceeding is authorized, but not required, to impose on an individual on grounds relating to the individual's conviction of an offense. See
• Disease: means any disease, illness, ailment, or adverse physiological or chemical change linked to exposure to a proven toxic substance. See
• Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, emitting, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any ground or surface waters. See
• Disposition: means the sentencing or determination of penalty or punishment to be imposed upon a person convicted of a crime or against whom a finding of sufficient facts for conviction is made. See
• Distribution: means a transfer of money or other property from a partnership to a partner in the partner's capacity as a partner or to the partner's transferee. See
• Docket: A log containing brief entries of court proceedings.
• Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
• Donor: The person who makes a gift.
• Electronic communication: means the transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature in whole or in part by a wire, a radio, electromagnetic, photoelectric, or photo-optical system. See
• Electronic communication service: means a service that provides to its subscribers or users the ability to send or receive electronic communications, including a service that acts as an intermediary in the transmission of electronic communications, or stores protected user information. See
• Electronic device: means a device that stores, generates, or transmits information in electronic form. See
• Emancipated minor: means a minor who:

• 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}
• employee: means any person defined as a State employee by 3 V. 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}
• 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.
• executive authority: shall include the Governor, and any person performing the functions of governor in a state other than this state. See
• Executor: A male person named in a will to carry out the decedent
• Explosive: means dynamite, or any explosive compound of which nitroglycerin forms a part, or fulminate in bulk or dry condition, or blasting caps, or detonating fuses, or blasting powder or any other similar explosive. See
• Exposure: means ingestion, inhalation, or absorption through any body surface. See
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Facility: means all contiguous land, structures, other appurtenances, and improvements on the land where proven toxic substances are manufactured, processed, used, or stored. See
• Facility: means all contiguous land, structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of waste. See
• 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.
• Family member: means a spouse, child, sibling, parent, next of kin, domestic partner, or legal guardian of a victim. See
• Family member: means a spouse, child, sibling, parent, next of kin, domestic partner, or legal guardian of a victim. See
• Farm: means a parcel or parcels of land owned, leased, or managed by a person and devoted primarily to farming that meets the threshold criteria established by the Required Agricultural Practices. See
• Farm products: means any agricultural, dairy, or horticultural product, or any product designed or intended for human consumption or prepared principally from an agricultural, dairy, or horticultural product. See
• Federally licensed firearms dealer: means a licensed importer, licensed manufacturer, or licensed dealer required to conduct national instant criminal background checks under 18 U. See
• Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
• Fiduciary: A trustee, executor, or administrator.
• 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.
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• Flight from prosecution: means any action or behavior undertaken by a person charged with a criminal offense to avoid court proceedings. See
• following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
• Forbearance: A means of handling a delinquent loan. A
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreign limited liability partnership: means a partnership that:

• Forest products: means logs, pulpwood, veneer, bolt wood, wood chips, stud wood, poles, pilings, biomass, fuel wood, or bark. See
• Forestry operation: includes one or both of the following:

• 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}
• Fraud: Intentional deception resulting in injury to another.
• fresh pursuit: as used in this subchapter shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony or who is reasonably suspected of operating a motor vehicle while under the influence of alcohol. See
• gender identity: means an individual's actual or perceived gender identity, or gender-related characteristics intrinsically related to an individual's gender or gender-identity, regardless of the individual's assigned sex at birth. See
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Government entity: means a department or agency of the State or a political subdivision thereof, or an individual acting for or on behalf of the State or a political subdivision thereof. See
• Governor: as used in this subchapter , shall include any person performing the functions of Governor by authority of the law of this State. See
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• 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.
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Harvest: means the cutting, felling, or removal of timber. See
• Harvest unit: means the area of land from which timber will be harvested or the area of land on which timber stand improvement will occur. See
• Hazardous material: means all petroleum and toxic, corrosive, or other chemicals and related sludge included in any of the following:

• Health care provider: means a person, partnership, corporation, facility, or institution, licensed, certified, or authorized, by law, to provide professional health care service in this State to an individual during that individual's medical care, treatment, or confinement. See
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• High-risk: means a high degree of dangerousness that a sex offender poses to others. See
• Highway: includes any private or public street, way, or other place used for travel to or from property. See
• Hoax weapon: means any substance, compound, or other item intended to convey the physical appearance or chemical properties of a weapon of mass destruction or asserted to contain a weapon of mass destruction, which is not a weapon of mass destruction or does not contain a weapon of mass destruction. See
• Human trafficking: means :

• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• Incapable of consenting: means the person:

• Incarceration: means confinement in jail or prison. See
• Incendiary device: means a device so constructed that an ignition by fire, friction, concussion, detonation, or other method may produce destructive effects primarily through combustion rather than explosion. See
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• 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.
• Inherent risk: means any danger or condition that is an integral part of, or arises from, an agritourism activity, including:

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Injury: means actual bodily harm or pregnancy, or emotional harm resulting from the crime. See
• Innocent current owner: means a person that owns real property where a release or threatened release of a hazardous material exists but the person did none of the following:

• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• 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.
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• 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.
• Juror: A person who is on the jury.
• Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
• Labor servitude: means labor or services performed or provided by a person that are induced or maintained through force, fraud, or coercion. See
• Land: means :

• Landowner: means the person, firm, company, corporation, or other legal entity that owns or controls the land or owns or controls the right to harvest timber on the land. See
• Law clerk: Assist judges with research and drafting of opinions.
• Law enforcement agency: means :

• Law enforcement agency: means the Vermont State Police, a municipal police department, or a sheriff's department. See
• Law enforcement officer: means :

• Law enforcement officer: means a person certified as a law enforcement officer under the provisions of 20 Vt. See
• Lawful custodian: means a parent, guardian, or other person responsible by authority of law for the care, custody, or control of another. See
• Lawful user: means a person or entity who lawfully subscribes to or uses an electronic communication service, whether or not a fee is charged. See
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• 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}
• Lewd and lascivious conduct: means any lewd or lascivious act upon or with the body, or any part or member thereof, of a vulnerable adult, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the person or the vulnerable adult. See
• 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.
• Limited liability partnership: means a partnership that has filed a statement of qualification under section 3291 of this title and does not have a similar statement in effect in any other jurisdiction. See
• Listed crime: means any of the following offenses:

• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local law enforcement agency: means the municipal police department or statutorily established college or university police department. See
• Magistrate: shall mean any Supreme Court Justice, Superior judge, District judge, or Probate judge. See
• Mandatory sanction: means a penalty, disability, or disadvantage imposed on an individual as a result of the individual's conviction of an offense which applies by operation of law whether or not the penalty, disability, or disadvantage is included in the judgment or sentence. See
• Mediation: means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. See
• Mediation communication: means a statement, whether oral, in a record, verbal, or nonverbal, that is made or occurs during a mediation or for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator. See
• Mediator: means an individual who conducts a mediation. See
• Medical monitoring: means a program of medical tests or procedures for the purpose of early detection of signs or symptoms of a latent disease resulting from exposure. See
• Mental abnormality: means a congenital or acquired condition that affects the emotional or volitional capacity of a person in a manner that predisposes the person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons. See
• Merchandise: means any items of tangible personal property displayed, held, stored, or offered for sale. See
• Merchant: means an owner or manager of any retail mercantile establishment, or any person or persons in a supervisory capacity or security officer authorized in writing by the owner or manager to make requests or detentions under this subchapter. See
• Minor: means a person under the age of 18 years. See
• Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Movable property: means property the location of which can be changed, including things growing on, affixed to, or found in land, and documents although the rights represented thereby have no physical location. See
• Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
• Needs screening: means a preliminary systematic procedure to evaluate the likelihood that an individual has a substance abuse or a mental health condition. See
• Neglect: means intentional or reckless failure or omission by a caregiver to:

• 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.
• Nonparty participant: means a person, other than a party or mediator, that participates in a mediation. See
• Oath: A promise to tell the truth.
• Oath: shall include affirmation where by law an affirmation may be substituted. See
• 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.
• Offense: means a felony, misdemeanor, or delinquent act under the laws of this State, another state, or the United States. See
• Operator: means a person who manages, conducts, or directs the operations of a facility. See
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means a person who owns, leases, licenses, or otherwise controls ownership or use of land, and any employee or agent of that person. See
• Owner: means a person who owns or controls a facility. See
• Participant: means any individual who is invited to observe or participate in an agritourism activity, regardless of whether the individual paid to observe or participate in the agritourism activity. See
• 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.
• Partnership: means an association of two or more persons to carry on as co-owners a business for profit formed under section 3212 of this title, predecessor law, or comparable law of another jurisdiction and includes for all purposes of the laws of this State a limited liability partnership. See
• Partnership agreement: means the agreement, whether written, oral, or implied, among the partners concerning the partnership, including amendments to the partnership agreement. See
• Partnership at will: means a partnership in which the partners have not agreed to remain partners until the expiration of a definite term or the completion of a particular undertaking. See
• Party: means a person that participates in a mediation and whose agreement is necessary to resolve the dispute. See
• Pecuniary loss: means , in the case of a victim, the amount of medical or medically related expenses, loss of wages, and any other expenses that the Board feels became necessary as a direct result of the crime. See
• Performance: means :

• Perishable foods: means any food that may spoil or otherwise become unfit for human consumption because of its nature, type, or physical condition. See
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, instrumentality, public corporation, or any other legal or commercial entity. See
• Person: means any individual; partnership; company; corporation; association; unincorporated association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; federal agency; or any other legal or commercial entity. See
• Person: means any individual; partnership; company; corporation; association; unincorporated association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; federal agency; or any other legal or commercial entity. See
• Person: means an individual, corporation, limited liability company, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See
• Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
• Personal estate: shall include all property other than real estate. See
• Personal property: All property that is not real property.
• Personality disorder: means a condition where a person exhibits personality traits that are inflexible and maladaptive and cause either significant functional impairment or subjective distress. See
• 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.
• 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:
• 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.
• Predatory: means an act directed at a stranger, or a person with whom a relationship has been established or promoted for the primary purpose of victimization. See
• Predicate offense: means a criminal offense that can be used to enhance a sentence levied for a later conviction and includes operating a vehicle under the influence of alcohol or other substance in violation of 23 V. See
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Premises of a retail mercantile establishment: includes the retail mercantile establishment, any common use areas in shopping centers, and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of the retail mercantile establishment. See
• Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. ^{Source: U.S. Courts}
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Proceeding: means a judicial, administrative, arbitral, or other adjudicative process, including related prehearing and posthearing motions, conferences, and discovery; or a legislative hearing or similar process. See
• Profits from crimes: means :

• Program: means the Brownfield Property Cleanup Program. See
• Promote: means to procure, issue, manufacture, publish, sell, give, provide, lend, mail, deliver, distribute, disseminate, circulate, present, exhibit, advertise, make available, or offer to do the same, by any means, including electronic transmission, file sharing, or peer-to-peer networks. See
• Property: includes electronically produced data, and computer software and programs in either machine or human readable form, and any other tangible or intangible item of value. See
• Property: means all property, real, personal, or mixed, tangible or intangible, or any interest therein. See
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protected user information: means electronic communication content, including the subject line of e-mails, cellular tower-based location data, GPS or GPS-derived location data, the contents of files entrusted by a user to an electronic communication service pursuant to a contractual relationship for the storage of the files whether or not a fee is charged, data memorializing the content of information accessed or viewed by a user, and any other data for which a reasonable expectation of privacy exists. See
• Proven toxic substance: means any substance, mixture, or compound that may cause personal injury or disease to humans and that satisfies one or more of the following:

• Psychiatric disability: means an impairment of thought, mood, perception, orientation, or memory that limits one or more major life activities but does not include intellectual disability. See
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public utility: includes any pipeline, gas, electric, heat, water, oil, sewer, telephone, telegraph, radio, railway, railroad, airplane, transportation, communication, or other system, by whomsoever owned or operated, for public use. See
• Qualifying crime: means :

• real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reasonable force: means only that minimum amount of force necessary to detain the person who the merchant has reasonable cause to believe has committed the offense of retail theft. See
• Recreational use: means an activity undertaken for recreational, educational, or conservation purposes, and includes hunting, fishing, trapping, guiding, camping, biking, in-line skating, jogging, skiing, snowboarding, swimming, diving, water sports, rock climbing, hang gliding, caving, boating, hiking, riding an animal or a vehicle, picking wild or cultivated plants, picnicking, gleaning, rock collecting, nature study, outdoor sports, noncommercial aviation, visiting or enjoying archaeological, scenic, natural, or scientific sites, or other similar activities. See
• Registry: means the Sex Offender Registry maintained by the Department of Public Safety. See
• Relative: means a parent, stepparent, ancestor, descendant, sibling, uncle, or aunt, including a relative of the same degree through civil marriage or adoption. See
• Release: means release from a correctional facility to furlough or to probation or parole supervision, release from a correctional facility upon expiration of sentence or release from a correctional facility on bail after the defendant's initial appearance. See
• Release: means any intentional or unintentional action or omission resulting in the spilling, leaking, pumping, pouring, emitting, emptying, dumping, or disposing of hazardous materials into the surface or groundwaters, or onto the lands in the State, or into waters outside the jurisdiction of the State when damage may result to the public health, lands, waters, or natural resources within the jurisdiction of the State. See
• Release: means release from confinement or custody or placement into the community for any reason, including release on bail pending appeal, probation, parole, furlough, work release, early release, alternative sanctions, house arrest, daily interrupt, community placement, or completion of sentence. See
• 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.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Remediation standards: means standards developed by the Secretary for the remediation of contaminated properties. 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).
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restitution: means money or services that a court orders a defendant to pay or render to a victim as a part of the disposition. See
• Retail mercantile establishment: means any place where merchandise is displayed or offered for sale to the public, including storage areas on the premises of such an establishment. See
• Retail value: means the merchant's indicated price of the merchandise at the time of the theft. See
• Risk: means the degree of dangerousness that a sex offender poses to others. See
• Risk assessment: means a pretrial assessment that is designed to be predictive of a person's failure to appear in court and risk of violating pretrial conditions of release with a new alleged offense. See
• Risk of harm: means a significant danger that a child will suffer serious harm other than by accidental means, which would be likely to cause physical injury, neglect, emotional maltreatment, or sexual abuse. See
• road: shall include bridges thereon and their approaches. See
• said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
• SANE: means a sexual assault nurse examiner. See
• seal: shall include an impression of the official seal made upon paper alone or by means of a wafer or wax affixed thereto. See
• Secretary: means the Secretary of Natural Resources or his or her duly authorized representative. See
• Secured appearance bond: means a written agreement which allows a person charged with a criminal offense to be released if:

• secured lender: includes a person who acquires indicia of ownership by assignment from another secured lender. See
• Service of process: The service of writs or summonses to the appropriate party.
• Service provider: means a person or entity offering an electronic communication service. See
• Services: includes computer time, data processing, and storage functions. See
• Services: includes labor, professional service, transportation, public services not provided for in section 2021 of this title, accommodation in hotels, restaurants, or elsewhere, admission to exhibitions, or amusements or recreational facilities, use of vehicles or other movable property. See
• 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.
• Sex offender: means :

• Sexual act: means conduct between persons consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or any intrusion, however slight, by any part of a person's body or any object into the genital or anal opening of another. See
• sexual act: means conduct between persons consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or any intrusion, however slight, by any part of a person's body or any object into the genital or anal opening of another. See
• Sexual activity: means a sexual act, other than appropriate health care or personal hygiene, or lewd and lascivious conduct. See
• Sexual conduct: means any of the following:

• Sexual conduct: means any conduct or behavior relating to sexual activities of the complaining witness, including but not limited to prior experience of sexual acts, use of contraceptives, living arrangement, and mode of living. See
• sexual orientation: means female or male homosexuality, heterosexuality, or bisexuality. See
• Sexual performance: means any performance or any part of a performance that includes sexual conduct by, with, or on a child. See
• Sexually explicit performance: means a public, live, photographed, recorded, or videotaped act or show that:

• Sexually violent offense: means sexual assault or aggravated sexual assault, as described in sections 3252 and 3253 of this title, or a comparable offense in another jurisdiction of the United States, or any attempt to commit sexual assault, aggravated sexual assault, or a comparable offense in another jurisdiction of the United States. See
• Sexually violent predator: means a person who is a sex offender, who has been convicted of a sexually violent offense, as defined in subdivision (11) of this section, and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses. See
• Simulation: means the explicit depiction of any conduct described in subdivisions (2)(A)-(F) of this section that:

• Specific consent: means consent provided directly to the government entity seeking information, including when the government entity is the addressee or intended recipient or a member of the intended audience of an electronic communication. See
• State: means a state of the U. See
• State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. See
• State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
• Statement: means a statement of partnership authority under section 3223 of this title, a statement of denial under section 3224 of this title, a statement of dissociation under section 3264 of this title, a statement of dissolution under section 3275 of this title, a statement of merger under section 3287 of this title, a statement of qualification under section 3291 of this title, a statement of foreign qualification under section 3302 of this title; or an amendment or cancellation of any of the foregoing. See
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Storage: means the actual or intended containment of wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such wastes. See
• Student: means a person who is enrolled on a full-time or part-time basis in any public or private educational institution in Vermont, including any secondary school, trade or professional institution, or institution of higher learning. See
• Stump diameter: means the diameter of a tree stump remaining after cutting, felling, or destruction. See
• Subpoena: A command to a witness to appear and give testimony.
• Subscriber information: means the name, names of additional account users, account number, billing address, physical address, e-mail address, telephone number, payment method, record of services used, and record of duration of service provided or kept by a service provider regarding a user or account. See
• Summons: Another word for subpoena used by the criminal justice system.
• Surety: means :

• sworn: shall include affirmed. 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.
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• Testator: A male person who leaves a will at death.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Timber: means trees, saplings, seedlings, and sprouts from which trees of every size, nature, kind, and description may grow. See
• Timber: means :

• Timber harvest: means a forestry operation involving the harvesting of timber. 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.
• tortious: means negligence, trespass, nuisance, product liability, or common law liability for ultra-hazardous or abnormally dangerous activity. See
• Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
• Transfer: includes an assignment, conveyance, lease, mortgage, deed, and encumbrance. See
• Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous or solid waste, so as to neutralize such waste, or so as to recover energy or material resources from the waste, or so as to render such waste safer for transport, amenable for recovery, amenable for storage, or reduced in volume, or for hazardous wastes, so as to render such waste nonhazardous. See
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Venture: means any group of two or more individuals associated in fact, whether or not a legal entity. See
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Victim: means a person who sustains physical, emotional, or financial injury or death as a direct result of the commission or attempted commission of a crime or act of delinquency and shall also include the family members of a minor, a person who has been found to be incompetent, or a homicide victim. See
• Victim: means :

• Victim advocate: work with prosecutors and assist the victims of a crime.
• Victim of human trafficking: means a victim of a violation of section 2652 of this title. See
• Village: shall mean an incorporated village. See
• Vulnerable adult: means any person 18 years of age or older who:

• Weapon of mass destruction: means a chemical warfare agent, weaponized biological or biologic warfare agent, nuclear agent, or radiological agent. See
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.