§ 17.1-400 Creation and organization; election and terms of judges; oath; vacancies; qualifications; incompatible activities prohibited; chief judge
§ 17.1-401 Senior judge
§ 17.1-402 Sessions; panels; quorum; presiding judges; hearings en banc
§ 17.1-403 Rules of practice, procedure, and internal processes; promulgation by Supreme Court; amendments; summary disposition of appeals
§ 17.1-404 Original jurisdiction in matters of contempt and injunctions, writs of mandamus, prohibition and habeas corpus
§ 17.1-405 Appellate jurisdiction — Administrative agency, Virginia Workers’ Compensation Commission, and civil matter appeals
§ 17.1-406 Appeals in criminal matters; cases over which Court of Appeals does not have jurisdiction
§ 17.1-407 Procedures on appeal
§ 17.1-408 Time for filing; notice; opening brief; petition
§ 17.1-409 Certification to the Supreme Court
§ 17.1-410 Disposition of appeals; finality of decisions
§ 17.1-411 Review by the Supreme Court
§ 17.1-412 Affirmance, reversal, or modification of judgment; petition for appeal to Supreme Court upon award of new trial
§ 17.1-413 Opinions; reporting, printing and electronic publication
§ 17.1-414 Facilities and supplies
§ 17.1-415 Compensation for judges; expenses
§ 17.1-416 Clerk; seal; deputies and other employees; clerk’s fees
§ 17.1-417 Support staff
§ 17.1-418 Fees charged by Clerk of the Court of Appeals

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Terms Used In Virginia Code > Title 17.1 > Chapter 4 - The Court of Appeals

  • Administrator: means the Director of the Department of Housing and Community Development or his designee. See Virginia Code 36-71.1
  • Administrator: means the Director of the Department of Housing and Community Development or his designee. See Virginia Code 36-85.3
  • Adult: means a person 18 years of age or more. See Virginia Code 1-203
  • Advertisement: means any information disseminated or placed before the public. See Virginia Code 54.1-2310
  • 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.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means any and all persons seeking or holding a permit required under this chapter. See Virginia Code 10.1-1400
  • Applicant: means the person applying for a certification of site suitability or submitting a notice of intent to apply therefor. See Virginia Code 10.1-1433
  • Application: means an application to the Board for a certification of site suitability. See Virginia Code 10.1-1433
  • 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.
  • Association: includes condominium, cooperative, or property owners' associations. See Virginia Code 54.1-2345
  • 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.
  • 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.
  • Board: means the Board of Housing and Community Development. See Virginia Code 36-71.1
  • Board: means the Board of Housing and Community Development. See Virginia Code 36-85.3
  • Board: means the Board of Housing and Community Development. See Virginia Code 36-131
  • Board: means the Cemetery Board. See Virginia Code 54.1-2310
  • Board: means the Fair Housing Board. See Virginia Code 54.1-2343
  • Board: means the Board of Health Professions. See Virginia Code 54.1-2410
  • Board: means the Board of Health Professions. See Virginia Code 54.1-2500
  • Board: means the Virginia Waste Management Board. See Virginia Code 10.1-1400
  • Board: means the Common Interest Community Board. See Virginia Code 54.1-2345
  • Brand: means the name, symbol, logo, trademark, or other information that identifies a product rather than the components of the product. See Virginia Code 10.1-1425.27
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Cemetery: means any land or structure used or intended to be used for the interment of human remains. See Virginia Code 54.1-2310
  • Cemetery company: means any person engaged in the business of (i) selling or offering for sale any grave or entombment right in a cemetery and representing to the public that the entire cemetery, a single grave, or entombment right therein will be perpetually cared for; (ii) selling property or services, vaults, grave liners, urns, memorials, markers, and monuments used in connection with interring or disposing of the remains or commemorating the memory of a deceased human being, where delivery of the property or performance of the service may be delayed more than 120 days after receipt of the initial payment on account of such sale; or (iii) maintaining a facility used for the interment or disposal of the remains and required to maintain perpetual care or preneed trust funds in accordance with this chapter. See Virginia Code 54.1-2310
  • certification: means the certification issued by the Board pursuant to this chapter. See Virginia Code 10.1-1433
  • Chief: means the Chief of the Division of Mines of the Department of Energy. See Virginia Code 45.2-100
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Claimant: means , upon proper application to the Director, a receiver for a common interest community manager appointed pursuant to § Virginia Code 54.1-2354.1
  • Common interest community: means real estate subject to a declaration containing lots, at least some of which are residential or occupied for recreational purposes, and common areas to which a person, by virtue of the person's ownership of a lot subject to that declaration, is a member of the association and is obligated to pay assessments of common expenses, provided that for the purposes of this chapter only, a common interest community does not include any time-share project registered pursuant to the Virginia Real Estate Time-Share Act (§ Virginia Code 54.1-2345
  • Common interest community manager: means a person or business entity, including a partnership, association, corporation, or limited liability company, that, for compensation or valuable consideration, provides management services to a common interest community. See Virginia Code 54.1-2345
  • Community: means a city or a county. See Virginia Code 54.1-2410
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Compliance agent: means a natural person who owns or is employed by a cemetery company to assure the compliance of the cemetery company with the provisions of this chapter. See Virginia Code 54.1-2310
  • Compliance assurance agency: means an architect or professional engineer registered in Virginia, or an organization, determined by the Department to be specially qualified by reason of facilities, personnel, experience and demonstrated reliability, to investigate, test and evaluate industrialized buildings; to list such buildings complying with standards at least equal to those promulgated by the Board; to provide adequate follow-up services at the point of manufacture to ensure that production units are in full compliance; and to provide a label as evidence of compliance on each manufactured section or module. See Virginia Code 36-71.1
  • Computer equipment: means a desktop or notebook computer and may include a computer monitor or other display device. See Virginia Code 10.1-1425.27
  • Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
  • Consolidated Plan: means a document setting forth various housing and community development goals, objectives, and strategies to be followed by the Commonwealth in addressing housing and community development conditions in the Commonwealth and serving as the strategic plan for the programs established by the Department and, to the extent and in the manner determined in accordance with § Virginia Code 36-131
  • Consumer: means an individual who uses computer equipment that is purchased primarily for personal or home business use. See Virginia Code 10.1-1425.27
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Criteria: means the criteria adopted by the Board, pursuant to § Virginia Code 10.1-1433
  • Declaration: includes any amendment or supplement to the instruments described in this definition. See Virginia Code 54.1-2345
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Demonstrated need: means (i) there is no facility in the community providing similar services and (ii) alternative financing is not available for the facility, or (iii) such other conditions as may be established by Board regulation. See Virginia Code 54.1-2410
  • Department: means the Department of Housing and Community Development. See Virginia Code 36-71.1
  • Department: means the Department of Housing and Community Development. See Virginia Code 36-85.3
  • Department: means the Department of Housing and Community Development. See Virginia Code 36-131
  • Department: means the Department of Health Professions. See Virginia Code 54.1-2500
  • Department: means the Department of Environmental Quality. See Virginia Code 10.1-1400
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Director: means the Director of the Department of Housing and Community Development. See Virginia Code 36-131
  • Director: means the Director of the Department of Health Professions. See Virginia Code 54.1-2500
  • Director: means the Director of the Department of Environmental Quality. See Virginia Code 10.1-1400
  • Director: means the Director of the Department of Professional and Occupational Regulation. See Virginia Code 54.1-2354.1
  • Disclosure statement: means a sworn statement or affirmation, in such form as may be required by the Director, which includes:

    1. See Virginia Code 10.1-1400

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. See Virginia Code 10.1-1400
  • Distributor: means any person who takes title to products or packaging purchased for resale. See Virginia Code 10.1-1425.21
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • Entity: means any person, partnership, firm, corporation, or other business, including assisted living facilities as defined in § Virginia Code 54.1-2410
  • 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.
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • facility: means any facility, including land and structures, appurtenances, improvements and equipment for the treatment, storage or disposal of hazardous wastes, which accepts hazardous waste for storage, treatment or disposal. See Virginia Code 10.1-1433
  • Fair Housing Law: means the provisions of Chapter 5. See Virginia Code 54.1-2343
  • 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 Act: means the National Manufactured Housing Construction and Safety Standards Act of 1974 as amended (Virginia Code 36-85.3
  • Federal acts: means any act of Congress providing for waste management and regulations promulgated thereunder. See Virginia Code 10.1-1400
  • Federal Regulations: means the Federal Manufactured Home Procedural and Enforcement Regulations. See Virginia Code 36-85.3
  • Federal Standards: means the Federal Manufactured Home Construction and Safety Standards. See Virginia Code 36-85.3
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • 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.
  • 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
  • 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.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Fund: means the Technical Assistance Fund created pursuant to § Virginia Code 10.1-1433
  • Garden crypt: means a burial receptacle, usually constructed of reinforced concrete, installed in quantity on gravel or tile underlay. See Virginia Code 54.1-2310
  • 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
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing board: means the governing board of an association, including the executive organ of a condominium unit owners' association, the executive board of a cooperative proprietary lessees' association, and the board of directors or other governing body of a property owners' association. See Virginia Code 54.1-2345
  • Grantor: The person who establishes a trust and places property into it.
  • Group practice: means two or more health care practitioners who are members of the same legally organized partnership, professional corporation, not-for-profit corporation, faculty practice or similar association in which (i) each member provides substantially the full range of services within his licensed or certified scope of practice at the same location as the other members through the use of the organization's office space, facilities, equipment, or personnel; (ii) payments for services received from a member are treated as receipts of the organization; and (iii) the overhead expenses and income from the practice are distributed according to methods previously determined by the members. See Virginia Code 54.1-2410
  • 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.
  • Hazardous substance: means a substance listed under the federal Comprehensive Environmental Response Compensation and Liability Act, P. See Virginia Code 10.1-1400
  • Hazardous waste: means a solid waste or combination of solid waste that because of its quantity, concentration or physical, chemical, or infectious characteristics may:

    1. See Virginia Code 10.1-1400

  • Health services: means any procedures or services related to prevention, diagnosis, treatment, and care rendered by a health care worker, regardless of whether the worker is regulated by the Commonwealth. See Virginia Code 54.1-2410
  • Host community: means any county, city or town within whose jurisdictional boundaries construction of a hazardous waste facility is proposed. See Virginia Code 10.1-1433
  • Household hazardous waste: means any waste material derived from households (including single and multiple residences, hotels, motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas) which, except for the fact that it is derived from a household, would be classified as a hazardous waste, including nickel, cadmium, mercuric oxide, manganese, zinc-carbon or lead batteries; solvent-based paint, paint thinner, paint strippers, or other paint solvents; any product containing trichloroethylene, toxic art supplies, used motor oil and unusable gasoline or kerosene, fluorescent or high intensity light bulbs, ammunition, fireworks, banned pesticides, or restricted-use pesticides as defined in § Virginia Code 10.1-1400
  • HUD: means the United States Department of Housing and Urban Development. See Virginia Code 36-85.3
  • Immediate family member: means the individual's spouse, child, child's spouse, stepchild, stepchild's spouse, grandchild, grandchild's spouse, parent, stepparent, parent-in-law, or sibling. See Virginia Code 54.1-2410
  • Industrialized building: means a combination of one or more sections or modules, subject to state regulations and including the necessary electrical, plumbing, heating, ventilating and other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components, to comprise a finished building. See Virginia Code 36-71.1
  • inhabitants: means with reference to any county, city, town, political subdivision of the Commonwealth or any combination thereof, the natural persons in such county, city, town, political subdivision or combination as shown by the unadjusted United States decennial census last preceding the time at which any provision dependent upon population is being applied or the time as of which it is being construed. See Virginia Code 1-235
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Investment interest: means the ownership or holding of an equity or debt security, including, but not limited to, shares of stock in a corporation, interests or units of a partnership, bonds, debentures, notes, or other equity or debt instruments, except investment interests in a hospital licensed pursuant to Article 1 (§ Virginia Code 54.1-2410
  • Investor: means an individual or entity directly or indirectly possessing a legal or beneficial ownership interest, including an investment interest. See Virginia Code 54.1-2410
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • 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.
  • key personnel: includes all key personnel of that entity, provided that where such entity is a chartered lending institution or a reporting company under the Federal Securities Exchange Act of 1934, "key personnel" does not include key personnel of such entity. See Virginia Code 10.1-1400
  • laser surgery: means treatment through revision, destruction, incision or other structural alteration of human tissue using laser technology. See Virginia Code 54.1-2400.01
  • 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.
  • Lot: means (i) any plot or parcel of land designated for separate ownership or occupancy shown on a recorded subdivision plat for a development or the boundaries of which are described in the declaration or in a recorded instrument referred to or expressly contemplated by the declaration, other than a common area, and (ii) a unit in a condominium association or a unit in a real estate cooperative. See Virginia Code 54.1-2345
  • Management services: means (i) acting with the authority of an association in its business, legal, financial, or other transactions with association members and nonmembers; (ii) executing the resolutions and decisions of an association or, with the authority of the association, enforcing the rights of the association secured by statute, contract, covenant, rule, or bylaw; (iii) collecting, disbursing, or otherwise exercising dominion or control over money or other property belonging to an association; (iv) preparing budgets, financial statements, or other financial reports for an association; (v) arranging, conducting, or coordinating meetings of an association or the governing body of an association; (vi) negotiating contracts or otherwise coordinating or arranging for services or the purchase of property and goods for or on behalf of an association; or (vii) offering or soliciting to perform any of the aforesaid acts or services on behalf of an association. See Virginia Code 54.1-2345
  • Manifest: means the form used for identifying the quantity, composition, origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage of such hazardous waste. See Virginia Code 10.1-1400
  • Manufactured home: means a structure subject to federal regulation, which is transportable in one or more sections; is eight body feet or more in width and forty body feet or more in length in the traveling mode, or is 320 or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. See Virginia Code 36-85.3
  • Manufactured home construction: means all activities relating to the assembly and manufacture of a manufactured home including but not limited to those relating to durability, quality, and safety. See Virginia Code 36-85.3
  • Manufacturer: means any person that produces products, packages, packaging, or components of products or packaging. See Virginia Code 10.1-1425.21
  • Manufacturer: means a person who in any calendar year:

    1. See Virginia Code 10.1-1425.27

  • Mineral: means ore, rock, and any other solid homogeneous crystalline chemical element or compound that results from the inorganic processes of nature other than coal. See Virginia Code 45.2-1200
  • Mining: means the breaking or disturbing of the surface soil or rock in order to facilitate or accomplish the extraction or removal of minerals or any activity constituting all or part of a process for the extraction or removal of minerals so as to make them suitable for commercial, industrial, or construction use. See Virginia Code 45.2-1200
  • Mining operation: means any area included in an approved plan of operation. See Virginia Code 45.2-1200
  • Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See Virginia Code 1-228
  • 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.
  • Office practice: means the facility or facilities at which a practitioner, on an ongoing basis, provides or supervises the provision of health services to consumers. See Virginia Code 54.1-2410
  • On-site: means facilities that are located on the same or geographically contiguous property which may be divided by public or private right-of-way, and the entrance and exit between the contiguous properties is at a cross-roads intersection so that the access is by crossing, as opposed to going along, the right-of-way. See Virginia Code 10.1-1433
  • Operator: means a person who is responsible for the overall operation of a facility. See Virginia Code 10.1-1433
  • Operator: means any individual, corporation or corporation officer, firm, joint venture, partnership, business trust, association, or any other group or combination acting as a unit, or any legal entity that is engaged in mining. See Virginia Code 45.2-1200
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Owner: means a person who owns a facility or a part of a facility. See Virginia Code 10.1-1433
  • Package: means any container which provides a means of marketing, protecting, or handling a product, including a unit package, intermediate package, or a shipping container, as defined in the American Society for Testing and Materials (ASTM) specification D996. See Virginia Code 10.1-1425.21
  • Packaging component: means any individual assembled part of a package, including, but not limited to, interior and exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels. See Virginia Code 10.1-1425.21
  • Person: shall include individuals, a trust, an estate, a partnership, an association, an order, a corporation, or any other legal or commercial entity;

    6. See Virginia Code 8.01-2

  • Person: includes an individual, corporation, partnership, association, governmental body, municipal corporation, or any other legal entity. See Virginia Code 10.1-1400
  • Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
  • Personal representative: includes the executor of a will or the administrator of the estate of a decedent, the administrator of such estate with the will annexed, the administrator of such estate unadministered by a former representative, whether there is a will or not, any person who is under the order of a circuit court to take into his possession the estate of a decedent for administration, and every other curator of a decedent's estate, for or against whom suits may be brought for causes of action that accrued to or against the decedent. See Virginia Code 1-234
  • Pollution prevention: means eliminating or reducing the use, generation or release at the source of environmental waste. See Virginia Code 10.1-1425.10
  • Practitioner: means any individual certified or licensed by any of the health regulatory boards within the Department of Health Professions, except individuals regulated by the Board of Funeral Directors and Embalmers or the Board of Veterinary Medicine. See Virginia Code 54.1-2410
  • Preneed: means at any time other than either at the time of death or while death is imminent. See Virginia Code 54.1-2310
  • Preneed burial contract: means a contract for the sale of property or services used in connection with interring or disposing of the remains or commemorating the memory of a deceased human being, where delivery of the property or performance of the service may be delayed for more than 120 days after the receipt of initial payment on account of such sale. See Virginia Code 54.1-2310
  • 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.
  • 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.
  • Purchaser: means the first person purchasing a manufactured home in good faith for purposes other than resale. See Virginia Code 36-85.3
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reclamation: means the restoration or conversion of disturbed land to a stable condition that minimizes or prevents adverse disruption and the injurious effects of such disruption and presents an opportunity for further productive use if such use is reasonable. See Virginia Code 45.2-1200
  • Referral: means to send or direct a patient for health services to another health care practitioner or entity outside the referring practitioner's group practice or office practice or to establish a plan of care which requires the provision of any health services outside the referring practitioner's group practice or office practice. See Virginia Code 54.1-2410
  • regulatory board: means any board included within the Department of Health Professions as provided in § Virginia Code 54.1-2500
  • 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.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • SAA: means the Department of Housing and Community Development which is responsible for the administration and enforcement of this law throughout Virginia and of the plan authorized by § Virginia Code 36-85.3
  • Secretary: means the Secretary of the United States Department of Housing and Urban Development. See Virginia Code 36-85.3
  • Seller: means the cemetery company. See Virginia Code 54.1-2310
  • 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.
  • Sheriff: shall include deputy sheriffs and such other persons designated in § Virginia Code 8.01-2
  • Skirting: means a weather-resistant material used to enclose the space from the bottom of the manufactured home to grade. See Virginia Code 36-85.3
  • Sludge: means any solid, semisolid, or liquid wastes with similar characteristics and effects generated from a public, municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, air pollution control facility, or any other waste-producing facility. See Virginia Code 10.1-1400
  • Solicitation: means initiating contact with consumers with the intent of influencing their selection of a cemetery. See Virginia Code 54.1-2310
  • Solid waste: means any garbage, refuse, sludge, and other discarded material, including solid, liquid, semisolid, or contained gaseous material, resulting from industrial, commercial, mining, and agricultural operations, or community activities, but does not include (i) solid or dissolved material in domestic sewage; (ii) solid or dissolved material in irrigation return flows or in industrial discharges that are sources subject to a permit from the State Water Control Board; (iii) source, special nuclear, or by-product material as defined by the Federal Atomic Energy Act of 1954, as amended; or (iv) post-use polymers or recovered feedstocks that are (a) processed at an advanced recycling facility or (b) held at or held for the purpose of conversion at such advanced recycling facility prior to conversion. See Virginia Code 10.1-1400
  • Solid waste management facility: means a site used for planned treating, long-term storage, or disposing of solid waste. See Virginia Code 10.1-1400
  • Specific trust funds: means funds identified to a certain contract for personal property or services. See Virginia Code 54.1-2310
  • Spoil: means any overburden or other material removed from its natural state in the process of mining. See Virginia Code 45.2-1200
  • state agency: means the same as that term is defined in § Virginia Code 1-206
  • Statute: A law passed by a legislature.
  • Storage: means the containment or holding of hazardous wastes pending treatment, recycling, reuse, recovery or disposal. See Virginia Code 10.1-1433
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • sworn: means "affirm" or "affirmed. See Virginia Code 1-250
  • 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.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • this law: means the Virginia Industrialized Building Safety Law as provided in this chapter. See Virginia Code 36-71.1
  • this law: means the Virginia Manufactured Housing Construction and Safety Standards Law as embraced in this chapter. See Virginia Code 36-85.3
  • Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
  • 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.
  • transportation: means any movement of property and any packing, loading, or unloading or storage incidental thereto. See Virginia Code 10.1-1400
  • Treatment: means any method, technique, or process, including incineration or neutralization, designed to change the physical, chemical, or biological character or composition of any waste to neutralize it or to render it less hazardous or nonhazardous, safer for transport, amenable to recovery or storage, or reduced in volume. See Virginia Code 10.1-1400
  • Treatment: means any method, technique or process, including incineration or neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste to neutralize it or to render it less hazardous or nonhazardous, safer for transport, amenable to recovery or storage or reduced in volume. See Virginia Code 10.1-1433
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • 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
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Verdict: The decision of a petit jury or a judge.
  • Waste: means any solid, hazardous, or radioactive waste as defined in this section. See Virginia Code 10.1-1400
  • Waste management: means the collection, source separation, storage, transportation, transfer, processing, treatment, and disposal of waste or resource recovery. See Virginia Code 10.1-1400
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.