Terms Used In Delaware Code > Title 10 > Chapter 9 - the Family Court of the State of Delaware

• Aboveground storage tank: means a single aboveground containment vessel having a capacity of greater than 250 gallons and currently or previously having contained regulated substances on or after January 1, 1992. See Delaware Code Title 7 Sec. 7402A
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adult: means a natural person 18 years of age or older. See Delaware Code Title 12 Sec. 260
• adult person: means a person of the age of 18 years or older. See Delaware Code Title 1 Sec. 302
• 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.
• 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.
• Alcohol: means ethyl alcohol produced by the distillation of any fermented liquid, whether rectified or diluted with water or not, whatever may be the origin thereof, and includes synthetic ethyl alcohol, but it does not mean ethyl alcohol, diluted or not, that has been denatured or otherwise rendered unfit for beverage purposes. See Delaware Code Title 4 Sec. 101
• alcoholic liquors: include the 5 varieties of liquor defined in this section (alcohol, spirits, wine, beer and alcoholic cider) as well as every liquid or solid, patented or not, containing alcohol, spirits, wine, beer or alcoholic cider and capable of being consumed by a human being, and any liquid or solid containing more than 1 of the 5 varieties defined in this section is considered as belonging to that variety which usually has the higher percentage of alcohol. See Delaware Code Title 4 Sec. 101
• Allegation: something that someone says happened.
• 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.
• Appeals Commission: means 3 persons, 1 from each county, appointed by the Governor with the advice and consent of the majority of the Senate. See Delaware Code Title 4 Sec. 1302
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Approved school: means a school authorized by the Council to provide a mandatory training and education for police officers as prescribed in this chapter. See Delaware Code Title 11 Sec. 8401
• 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.
• Articles of dedication: shall mean the writing by which any estate, interest or right in an area is formally dedicated as permitted by § 7306 of this title. See Delaware Code Title 7 Sec. 7302
• 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.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Bequest: Property gifted by will.
• Body-worn camera: means an electronic device that is worn by a law-enforcement officer and records audio and video data on the device itself or transmits audio and video data to another location for recording. See Delaware Code Title 11 Sec. 8401
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• 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 a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• 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.
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Commission: means the Delaware Harness Racing Commission. See Delaware Code Title 3 Sec. 10001
• Commissioner: means the person appointed by the Governor and confirmed by the Senate who serves as the Marijuana Commissioner for the State. See Delaware Code Title 4 Sec. 1302
• Compassion center: means an entity registered as a compassion center under § 4914A of Title 16. See Delaware Code Title 4 Sec. 1302
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conservation easement: means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic or open-space values of real property, assuring its availability for agricultural, forest, recreational or open-space use, protecting natural resources, fish and wildlife habitat, rare species and natural communities maintaining or enhancing air or water quality or preserving the historical, architectural, archaeological or cultural aspects of real property. See Delaware Code Title 7 Sec. 6901
• Conservation Trust Fund: means the Delaware Land and Water Conservation Trust Fund established and maintained pursuant to subchapter II of Chapter 54 of Title 30. See Delaware Code Title 7 Sec. 7504
• Consumer: means an individual 21 years of age or older who purchases marijuana, marijuana products, or marijuana accessories for personal use by the individual or other individuals 21 years of age or older, but not for resale to others. See Delaware Code Title 4 Sec. 1302
• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: A judgement of guilt against a criminal defendant.
• Council: shall mean the Delaware Natural Areas Advisory Council. See Delaware Code Title 7 Sec. 7302
• Council: means the Delaware Open Space Council established pursuant to this chapter. See Delaware Code Title 7 Sec. 7504
• Council: means the Council on Police Training. See Delaware Code Title 11 Sec. 8401
• cultivation facility: means an entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. See Delaware Code Title 4 Sec. 1302
• Cultural resource site: means land that contains at least 1 of the following:

  a. See Delaware Code Title 7 Sec. 7504

• Decedent: A deceased person.
• Declarant: means a competent adult who signs a declaration pursuant to the provisions of this article. See Delaware Code Title 12 Sec. 260
• Declaration instrument: means a written instrument, signed by a declarant, governing the disposition of the declarant's last remains and the ceremonies planned after a declarant's death, including a document governing the disposition of last remains under this title or a United States Department of Defense Record of Emergency Data Form (DD Form 93) or any successor form executed by the declarant. See Delaware Code Title 12 Sec. 260
• dedication: shall mean the transfer to the Department of Natural Resources and Environmental Control, for and on behalf of the State, of an estate, interest or right in an area in any manner permitted by § 7306 of this title. See Delaware Code Title 7 Sec. 7302
• 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: shall mean the Department of Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 7302
• Department: means the Department of Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 7402A
• Department: means the Department of Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 7504
• Department: means the Department of Safety and Homeland Security. See Delaware Code Title 4 Sec. 1302
• Dependent: A person dependent for support upon 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.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the Division of Alcohol and Tobacco Enforcement. See Delaware Code Title 4 Sec. 1302
• Docket: A log containing brief entries of court proceedings.
• Emergency: means the respondent is in danger of incurring imminent serious physical harm or substantial economic loss or expense. See Delaware Code Title 12 Sec. 39A-101
• Establishment: means any place located physically in this State where alcoholic liquor of 1 or more varieties is stored, sold or used by authority of any law of this State, including a hotel, restaurant, tavern, beer garden, or club as defined in this section, or where alcoholic liquor of 1 or more varieties is manufactured by virtue of any law of this State. See Delaware Code Title 4 Sec. 101
• Ex officio: Literally, by virtue of one's office.
• Facility: means a location or part thereof containing or having contained 1 or more aboveground storage tanks. See Delaware Code Title 7 Sec. 7402A
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: means :

  a. See Delaware Code Title 7 Sec. 7402A

• Fiduciary capacity: means the capacity of a person in holding title to a facility, or otherwise having control of or an interest in the facility, pursuant to the exercise of the responsibilities of the person as a fiduciary. See Delaware Code Title 7 Sec. 7402A
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Forbearance: A means of handling a delinquent loan. A
• 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}
• 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}
• 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.
• harness horse races: means and includes only any racing of horses in which the horses competing or participating are harnessed to a sulky, carriage or similar vehicle and are not mounted by a jockey. See Delaware Code Title 3 Sec. 10001
• Heating fuel: means a type of fuel oil that is 1 of 7 technical grades. See Delaware Code Title 7 Sec. 7402A
• Imminent threat of a release: means the potential for a release which requires action to prevent or mitigate damage to the environment or endangerment to public health or welfare which may result from such a release. See Delaware Code Title 7 Sec. 7402A
• Indicated release: means there are signs that an aboveground storage tank, or the secondary containment system are failing or could potentially fail to contain a regulated substance. See Delaware Code Title 7 Sec. 7402A
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• lands: means real property, including improvements thereon; rights of way; water, subaqueous land, and riparian rights; easements; privileges; and all other rights or interests of any kind or description in, relating to, or connected with real property or water. See Delaware Code Title 7 Sec. 7504
• Last remains: means the deceased's body or cremains after death. See Delaware Code Title 12 Sec. 260
• Lender: means :

  a. See Delaware Code Title 7 Sec. 7402A

• License: means any license or permit to cultivate, possess, manufacture, sell, transport, or test marijuana or marijuana products and accessories authorized or issued by the Commissioner under this chapter. See Delaware Code Title 4 Sec. 1302
• Manufacture: means distill, rectify, ferment, brew, make, mix, concoct or process any substance or substances capable of producing a beverage containing more than 1/2 of 1% of alcohol by volume and includes blending, bottling or other preparation for sale. See Delaware Code Title 4 Sec. 101
• Manufacturer: means any person engaged in the manufacture of any alcoholic liquor and among others includes a distiller, a rectifier, a wine maker, a brewer, and includes a bottler or one who prepares alcoholic liquor for sale. See Delaware Code Title 4 Sec. 101
• Marijuana: means as defined in § 4701 of Title 16. See Delaware Code Title 4 Sec. 1302
• Marijuana accessories: means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana; or for ingesting, inhaling, or otherwise introducing marijuana into the human body. See Delaware Code Title 4 Sec. 1302
• Marijuana establishment: means an entity licensed as a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store. See Delaware Code Title 4 Sec. 1302
• Marijuana product manufacturing facility: means an entity licensed to: purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and retail marijuana stores, but not to consumers. See Delaware Code Title 4 Sec. 1302
• Marijuana products: means products that are comprised of marijuana, including concentrated marijuana, and other ingredients and are intended for use or consumption, such as edible products, ointments, and tinctures. See Delaware Code Title 4 Sec. 1302
• Marijuana testing facility: means an entity licensed to test marijuana for potency and contaminants. See Delaware Code Title 4 Sec. 1302
• minor child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Natural area: shall mean an area of land or water, or of both land and water, whether in public or private ownership, which either retains or has reestablished its natural character (although it need not be undisturbed), or has unusual flora or fauna, or has biotic, geological, scenic or archaeological features of scientific or educational value. See Delaware Code Title 7 Sec. 7302
• Nature preserve: shall mean a natural area, any estate, interest or right in which has been formally dedicated under this chapter. See Delaware Code Title 7 Sec. 7302
• 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.
• open space land: means any land the permanent protection of which will further 1 or more purposes enumerated in § 7503(a) of this title. See Delaware Code Title 7 Sec. 7504
• Open Space Program: means the conservation program created to carry out the purposes of this chapter. See Delaware Code Title 7 Sec. 7504
• Operator: means a person operating a facility or who has operated a facility, including, but not limited to, by lease, contract or other form of authorization agreement

  (15) "Orphan tank" means:

  a. See Delaware Code Title 7 Sec. 7402A

• Out-of-service: means an aboveground storage tank that is:

  a. See Delaware Code Title 7 Sec. 7402A

• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means a person:

  a. See Delaware Code Title 7 Sec. 7402A

• Permanent appointment: means appointment by the authority of any municipality or governmental unit in or of this State or the University of Delaware to permanent status as a police officer. See Delaware Code Title 11 Sec. 8401
• permanently protect: means the acquisition by purchase, gift, grant, bequest, devise, or otherwise of the fee or any lesser interest, development right, easement, covenant, or other contractual right in land in perpetuity necessary to achieve the purposes of this chapter. See Delaware Code Title 7 Sec. 7504
• Person: means an entity, individual, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, company, association, state, municipality, commission, political subdivision of a state, or any interstate body. See Delaware Code Title 7 Sec. 7402A
• Person: means as defined in § 302 of Title 1. See Delaware Code Title 4 Sec. 1302
• Personal property: All property that is not real property.
• 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.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Police officer: means a sworn member of a police force or other law-enforcement agency of this State or of any county or municipality who is responsible for the prevention and the detection of crime and the enforcement of laws of this State or other governmental units within the State. See Delaware Code Title 11 Sec. 8401
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• 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.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• 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.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Delaware Code Title 12 Sec. 39A-101
• Regulated substance: means a liquid or gas that:

  a. See Delaware Code Title 7 Sec. 7402A

• Release: means the spilling, leaking, discharging, leaching or disposing of a regulated substance into groundwater, surface water, soil or air that is not permitted by law, regulation or permit. See Delaware Code Title 7 Sec. 7402A
• 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.
• Residence: means the place occupied by a person as a domicile or otherwise, either permanently or temporarily, and includes not only the premises occupied, but also every annex or dependency thereof held under the same title as the premises occupied. See Delaware Code Title 4 Sec. 101
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retail marijuana: means "marijuana" as defined in § 4701 of Title 16, that is cultivated, manufactured, distributed, or sold by a licensed marijuana establishment. See Delaware Code Title 4 Sec. 1302
• Retail marijuana store: means an entity licensed to purchase marijuana from marijuana cultivation facilities; to purchase marijuana and marijuana products from marijuana product manufacturing facilities; and to sell marijuana and marijuana products to consumers. See Delaware Code Title 4 Sec. 1302
• Sale: means every act of selling as defined in this section. See Delaware Code Title 4 Sec. 101
• Seasonal appointment: means appointment for less than 6 months each year but more than 4 weeks for police duties necessitated by seasonal demands. See Delaware Code Title 11 Sec. 8401
• Secretary: shall mean the Secretary of the Department of Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 7302
• Secretary: means the Secretary of the Department of Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 7504
• Security interest: means an interest in an AST or AST system or in a facility or property on which an AST or AST system is located, created or established for the purpose of securing a loan or other obligation. See Delaware Code Title 7 Sec. 7402A
• Sell: means : solicit or receive an order for; keep or expose for sale; deliver for value or in any other way than purely gratuitously; keep with intent to sell; keep or transport in contravention of this title; traffic in; or for any valuable consideration, promised or obtained, directly or indirectly, or under any pretext or by any means whatsoever, procure or allow to be procured for any other person, to carry alcoholic liquors on one's person or to transport with one and with intent to sell the same, but not in any establishment where the sale thereof is allowed. See Delaware Code Title 4 Sec. 101
• 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.
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 12 Sec. 39A-101
• State: means the State of Delaware. See Delaware Code Title 7 Sec. 7402A
• State agency: means , and shall apply exclusively to, the following units of state government which manage natural and cultural resources:

  a. See Delaware Code Title 7 Sec. 7504

• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• substantial physical installation: includes , but is not limited to, a permit or contract for the installation. See Delaware Code Title 7 Sec. 7402A
• Summons: Another word for subpoena used by the criminal justice system.
• System: shall mean the nature preserves held under this chapter. See Delaware Code Title 7 Sec. 7302
• 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.
• 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.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Under age: means an age of less than 18 years. See Delaware Code Title 1 Sec. 302
• Unreasonable: means an act that is clearly unreasonable, pursuant to the definition of "reasonable under the circumstances" under paragraph (6) of this section. See Delaware Code Title 12 Sec. 260
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• vessel: includes any container that can be partially visually inspected from the exterior in an underground area. See Delaware Code Title 7 Sec. 7402A
• Whoever: when used in reference to any offender under this title, includes every person who acts individually or by permission or agreement for any other person, and includes also such other person. See Delaware Code Title 4 Sec. 101
• Work: means as defined in § 3302 of Title 19. See Delaware Code Title 4 Sec. 1302
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.