Terms Used In 43 CFR Part 30 - Indian Probate Hearings Procedures

• Act: means the Foreign-Trade Zones Act of June 18, 1934, as amended (48 Stat. See 19 CFR 146.1
• Activation: means approval by the grantee and port director for operations and for the admission and handling of merchandise in zone status. See 19 CFR 146.1
• Administrator: means the Administrator of the Wage and Hour Division, U. See 29 CFR 1.2
• Admit: means to bring merchandise into a zone with zone status. See 19 CFR 146.1
• 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.
• agency: means any Federal, State, or local agency or instrumentality, or other similar entity, that enters into a contract or provides assistance through loan, grant, loan guarantee or insurance, or otherwise, to a project subject to the Davis-Bacon labor standards, as defined in § 5. See 29 CFR 1.2
• Alteration: means a change in the boundaries of an activated zone or subzone; activation of a separate site of an already-activated zone or subzone with the same operator at the same port; or the relocation of an already-activated site with the same operator. See 19 CFR 146.1
• area: means the city, town, village, county or other civil subdivision of the State in which the work is to be performed. See 29 CFR 1.2
• business day: means a weekday (Monday through Friday), excluding national holidays as specified in § 101. See 19 CFR 101.1
• CBP: means U. See 19 CFR 101.1
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Continuance: Putting off of a hearing ot trial until a later time.
• Country: means the political entity known as a nation. See 19 CFR 134.1
• Deactivation: means voluntary discontinuation of the activation of an entire zone or subzone by the grantee or operator. See 19 CFR 146.1
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Devise: To gift property by will.
• Docket: A log containing brief entries of court proceedings.
• Dower: A widow
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• 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}
• 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.
• Ex officio: Literally, by virtue of one's office.
• Federal agency: means an agency or instrumentality of the United States or the District of Columbia, as defined in this section, that enters into a contract or provides assistance through loan, grant, loan guarantee or insurance, or otherwise, to a project subject to the Davis-Bacon labor standards. See 29 CFR 1.2
• 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}
• Fungible merchandise: means merchandise which for commercial purposes is identical and interchangeable in all situations. See 19 CFR 146.1
• 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.
• Importer: means the person primarily liable for the payment of any duties on the merchandise, or an authorized agent acting on his behalf. See 19 CFR 101.1
• In any manner: includes , but is not limited to, the breaking down of a single sum of currency exceeding $10,000 into smaller sums, including sums at or below $10,000, or the conduct of a transaction, or series of currency transactions at or below $10,000. See 31 CFR 1010.100
• 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.
• Intestate: Dying without leaving a will.
• 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.
• Law of descent: The State statutes that specify how a deceased person
• Legacy: A gift of property made by will.
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Lineal descendant: Direct descendant of the same ancestors.
• Merchandise: includes goods, wares and chattels of every description, except prohibited merchandise. See 19 CFR 146.1
• Operator: is a corporation, partnership, or person that operates a zone or subzone under the terms of an agreement with the zone grantee. See 19 CFR 146.1
• Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
• port director: means the director of that port of entry. See 19 CFR 146.1
• prevailing wage: means :

  (1) The wage paid to the majority (more than 50 percent) of the laborers or mechanics in the classification on similar projects in the area during the period in question;

  (2) If the same wage is not paid to a majority of those employed in the classification, the prevailing wage will be the wage paid to the greatest number, provided that such greatest number constitutes at least 30 percent of those employed; or

  (3) If no wage rate is paid to 30 percent or more of those so employed, the prevailing wage will be the average of the wages paid to those employed in the classification, weighted by the total employed in the classification. See 29 CFR 1.2

• Probate: Proving a will
• Quorum: The number of legislators that must be present to do business.
• Reactivation: means a resumption of the activated status of an entire area that was previously deactivated without any change in the operator or the area boundaries. See 19 CFR 146.1
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• 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).
• restricted property: as used in this part does not include the restricted lands of the Five Civilized Tribes of Oklahoma or the Osage Nation. See 43 CFR 30.101
• Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
• Shipment: means the merchandise described on the bill of lading or other document used to file or support entry, or in the oral declaration when applicable. See 19 CFR 101.1
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Testate: To die leaving a will.
• Testator: A male person who leaves a will at death.
• 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.
• Transfer: means to take merchandise with zone status from a zone for consumption, transportation, exportation, warehousing, cartage or lighterage, vessel supplies and equipment, admission to another zone, and like purposes. See 19 CFR 146.1
• Unique identifier: means the numbers, letters, or combination of numbers and letters that identify merchandise admitted to a zone with zone status. See 19 CFR 146.1
• United States or the District of Columbia: means the United States, the District of Columbia, and all executive departments, independent establishments, administrative agencies, and instrumentalities of the United States and of the District of Columbia, and any corporation for which all or substantially all of the stock of which is beneficially owned by the United States, by the District of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentalities. See 29 CFR 1.2
• User: means a person or firm using a zone or subzone for storage, handling, or processing of merchandise. See 19 CFR 146.1
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Zone lot: means a collection of merchandise maintained under an inventory control method based on specific identification of merchandise admitted to a zone by lot. See 19 CFR 146.1
• Zone site: means the physical location of a zone or subzone. See 19 CFR 146.1
• Zone status: means the status of merchandise admitted to a zone, i. See 19 CFR 146.1