| by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. See Illinois Compiled Statutes 810 ILCS 5/2A-103Common 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.Conservation management plan: means a plan approved by the Department of Natural Resources that specifies conservation and management practices, including uses that will be conducted to preserve and restore unimproved land. See Illinois Compiled Statutes 35 ILCS 200/10-405Consumer lease: means a lease that a lessor | | regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose, if the total payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed $40,000. See Illinois Compiled Statutes 810 ILCS 5/2A-103Continuance: Putting off of a hearing ot trial until a later time.Contract: A legal written agreement that becomes binding when signed.Conviction: A judgement of guilt against a criminal defendant.Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.Counterclaim: A claim that a defendant makes against a plaintiff.County board: means the board of county commissioners in counties not under township organization, and the board of supervisors in counties under township organization, and the board of commissioners of Cook County. See Illinois Compiled Statutes 5 ILCS 70/1.07Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.Dealer: means any person, copartnership, association or corporation engaged in the business of selling at retail or renting any of the articles included in the definition of "air rifle". See Illinois Compiled Statutes 720 ILCS 5/24.8-0.1Decedent: A deceased person.deception: means knowingly to: (a) Create or confirm another's impression which is false and which the offender does not believe to be true; or (b) Fail to correct a false impression which the offender previously has created or confirmed; or (c) Prevent another from acquiring information pertinent to the disposition of the property involved; or (d) Sell or otherwise transfer or encumber property, failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not valid, or is or is not a matter of official record; or (e) Promise performance which the offender does not intend to perform or knows will not be performed. See Illinois Compiled Statutes 720 ILCS 5/15-4decree: is synonymous with the word "judgment". See Illinois Compiled Statutes 5 ILCS 70/1.24Deed: 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.Department: means the Illinois Department of Revenue. See Illinois Compiled Statutes 20 ILCS 2510/2510-5Dependent: 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.Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Docket: A log containing brief entries of court proceedings.Donor: The person who makes a gift.Electronic communication: includes transmissions through an electronic device including, but not limited to, a telephone, cellular phone, computer, or pager, which communication includes, but is not limited to, e-mail, instant message, text message, or voice mail. See Illinois Compiled Statutes 720 ILCS 5/26.5-0.1Electronic 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: OCCEntitlement: 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. CourtsEscheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCCEscrow: 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.Ex officio: Literally, by virtue of one's office.Executive session: A portion of the Senate's daily session in which it considers executive business.Executor: A male person named in a will to carry out the decedentFair 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 or household member: includes spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, and persons with disabilities and their personal assistants. See Illinois Compiled Statutes 720 ILCS 5/26.5-0.1Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCCFee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.Fiduciary: A trustee, executor, or administrator.Finance lease: means a lease with respect to | | (i) the lessor does not select, manufacture, or | | (ii) the lessor acquires the goods or the right | | to possession and use of the goods in connection with the lease; and |
| (iii) one of the following occurs: (A) the lessee receives a copy of the | | contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract; |
| (B) the lessee's approval of the contract by | | which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract; |
| (C) the lessee, before signing the lease | | contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or |
| (D) if the lease is not a consumer lease, the | | lessor, before the lessee signs the lease contract, informs the lessee in writing (a) of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person, (b) that the lessee is entitled under this Article to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods, and (c) that the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies. See Illinois Compiled Statutes 810 ILCS 5/2A-103Fiscal 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. AForeclosure: 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: OCCForgery: 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: OCCFraud: 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: OCCGermane: On the subject of the pending bill or other business; a strict standard of relevance.Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.Goods: means all things that are movable at the | | time of identification to the lease contract, or are fixtures (Section 2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See Illinois Compiled Statutes 810 ILCS 5/2A-103Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,Grantor: The person who establishes a trust and places property into it.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.harassing: means knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances, that would cause a reasonable person emotional distress and does cause emotional distress to another. See Illinois Compiled Statutes 720 ILCS 5/26.5-0.1Heretofore: means any time previous to the day on which the statute takes effect; and the word "hereafter" at any time after such day. See Illinois Compiled Statutes 5 ILCS 70/1.17Indemnification: 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: FDICIndictment: 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.individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.Installment lease contract: means a lease | | contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause "each delivery is a separate lease" or its equivalent. See Illinois Compiled Statutes 810 ILCS 5/2A-103Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.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: OCCJoint 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 resolution: A legislative measure which requires the approval of both chambers.Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.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.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.Late term appointee: means a person who is appointed to an office by a Governor who does not succeed himself or herself as Governor, whose appointment requires the advice and consent of the Senate, and whose appointment is confirmed by the Senate 90 or fewer days before the end of the appointing Governor's term. See Illinois Compiled Statutes 5 ILCS 420/3A-5Lawsuit: 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: OCCLease: means a transfer of the right to | | possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Illinois Compiled Statutes 810 ILCS 5/2A-103Lease agreement: means the bargain, with respect | | to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this Article. See Illinois Compiled Statutes 810 ILCS 5/2A-103Lease contract: means the total legal obligation | | that results from the lease agreement as affected by this Article and any other applicable rules of law. See Illinois Compiled Statutes 810 ILCS 5/2A-103Legacy: A gift of property made by will.Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. MintLegatee: A beneficiary of a decedentLessee: means a person who acquires the right to | | | | to possession and use of goods under a lease. See Illinois Compiled Statutes 810 ILCS 5/2A-103Liabilities: 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.Lineal descendant: Direct descendant of the same ancestors.Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.Lot: means a parcel or a single article that is | | | | merchant with respect to goods of the kind subject to the lease. See Illinois Compiled Statutes 810 ILCS 5/2A-103Minority leader: See Floor LeadersMonth: means a calendar month, and the word "year" a calendar year unless otherwise expressed; and the word "year" alone, is equivalent to the expression "year of our Lord. See Illinois Compiled Statutes 5 ILCS 70/1.10Mortgage: The written agreement pledging property to a creditor as collateral for a loan.Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCCMortgagee: The person to whom property is mortgaged and who has loaned the money.Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.Municipalities: has the meaning established in Section 1 of Article VII of the Constitution of the State of Illinois of 1970. See Illinois Compiled Statutes 5 ILCS 70/1.27Obligation: 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.obtain: means : (a) In relation to property, to bring about a transfer of interest or possession, whether to the offender or to another, and (b) In relation to labor or services, to secure the performance thereof. See Illinois Compiled Statutes 720 ILCS 5/15-7Oversight: Committee review of the activities of a Federal agency or program.owner: means a person, other than the offender, who has possession of or any other interest in the property involved, even though such interest or possession is unlawful, and without whose consent the offender has no authority to exert control over the property. See Illinois Compiled Statutes 720 ILCS 5/15-2Participating taxpayer: means any person subject to the revenue laws administered by the Department who enters into an engagement with a qualified practitioner for tax compliance review and who is approved by the Department under the certified audit project. See Illinois Compiled Statutes 20 ILCS 2510/2510-5Partnership: 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.Personal property: All property that is not real property.Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. CourtsPlaintiff: 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.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 force: shall be construed to include such persons in the employ of a municipality as members of the department of police, who are or shall hereafter be appointed and sworn as policemen. See Illinois Compiled Statutes 5 ILCS 70/1.20Power 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: OCCPrecedent: 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.Present value: means the amount as of a date | | certain of one or more sums payable in the future, discounted to the date certain. See Illinois Compiled Statutes 810 ILCS 5/2A-103Presiding 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.Probate: Proving a willProbation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.property: means anything of value. See Illinois Compiled Statutes 720 ILCS 5/15-1Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.Public defender: Represent defendants who can't afford an attorney in criminal matters.Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.Purchase: includes taking by sale, lease, | | mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods. See Illinois Compiled Statutes 810 ILCS 5/2A-103Qualified practitioner: means a certified public accountant who is licensed to practice in Illinois and who has completed the certification program. See Illinois Compiled Statutes 20 ILCS 2510/2510-5Quorum: The number of legislators that must be present to do business.Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.Recess: A temporary interruption of the legislative business.Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDICRemainder: 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.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).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.Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.Service of process: The service of writs or summonses to the appropriate party.Service provider agency: means an entity that enters into a services contract with a municipality or county for the purpose of providing special services in and for a special service area. See Illinois Compiled Statutes 35 ILCS 200/27-5Services contract: means an agreement between a service provider agency and a municipality or county for the purpose of providing special services in and for a special service area. See Illinois Compiled Statutes 35 ILCS 200/27-5Settlement: 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.Special Service Area: means a contiguous area within a municipality or county in which special governmental services are provided in addition to those services provided generally throughout the municipality or county, the cost of the special services to be paid from revenues collected from taxes levied or imposed upon property within that area. See Illinois Compiled Statutes 35 ILCS 200/27-5Special service area commission: means a local board established by the corporate authorities of a municipality or county for the purpose of managing a particular special service area. See Illinois Compiled Statutes 35 ILCS 200/27-5Special Services: means all forms of services pertaining to the government and affairs of the municipality or county, including but not limited to weather modification and improvements permissible under Article 9 of the Illinois Municipal Code, and contracts for the supply of water as described in § 11-124-1 of the Illinois Municipal Code which may be entered into by the municipality or by the county on behalf of a county service area. See Illinois Compiled Statutes 35 ILCS 200/27-5State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14Statute: 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.stolen property: means property over which control has been obtained by theft. See Illinois Compiled Statutes 720 ILCS 5/15-6Subpoena: A command to a witness to appear and give testimony.Subpoena duces tecum: A command to a witness to produce documents.subways: as used in this Division 121, includes all tunnels, entrances, exits, passageways, connections, approaches, inclines, elevators, stations, and other structures, equipment, appliances, or appurtenant property, appropriate to a system of such subways. See Illinois Compiled Statutes 65 ILCS 5/11-121-1Supplier: means a person from whom a lessor buys | | or leases goods to be leased under a finance lease. See Illinois Compiled Statutes 810 ILCS 5/2A-103sworn: shall be construed to include the word "affirmed. See Illinois Compiled Statutes 5 ILCS 70/1.12taxing district: has the meaning stated in Section 1-150. See Illinois Compiled Statutes 35 ILCS 200/30-5Temporary 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 by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.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 decedentTestify: Answer questions in court.Testimony: Evidence presented orally by witnesses during trials or before grand juries.threat: means a menace, however communicated, to: (a) Inflict physical harm on the person threatened or any other person or on property; or (b) Subject any person to physical confinement or restraint; or (c) Commit any criminal offense; or (d) Accuse any person of a criminal offense; or (e) Expose any person to hatred, contempt or ridicule; or (f) Harm the credit or business repute of any person; or (g) Reveal any information sought to be concealed by the person threatened; or (h) Take action as an official against anyone or anything, or withhold official action, or cause such action or withholding; or (i) Bring about or continue a strike, boycott or other similar collective action if the property is not demanded or received for the benefit of the group which he purports to represent; or (j) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or (k) Inflict any other harm which would not benefit the offender. See Illinois Compiled Statutes 720 ILCS 5/15-5Tort: 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.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.Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCCTrustee: 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: OCCUnimproved land: means woodlands, prairie, wetlands, or other vacant and undeveloped land that is not used for any residential or commercial purpose that materially disturbs the land. See Illinois Compiled Statutes 35 ILCS 200/10-405United States: may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14Units of local government: has the meaning established in Section 1 of Article VII of the Constitution of the State of Illinois of 1970. See Illinois Compiled Statutes 5 ILCS 70/1.28Usury: Charging an illegally high interest rate on a loan. Source: OCCVenue: The geographical location in which a case is tried.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|