Terms Used In North Carolina General Statutes > Chapter 75A > Article 1 - Boating Safety Act

• Abandoned vessel: means a vessel that has been relinquished, left, or given up by the lawful owner without the intention to later resume any right or interest in the vessel. See North Carolina General Statutes 75A-2
• Certificate of number: means the document and permanent identification number issued by the Wildlife Resources Commission for the purpose of registering a vessel in this State. See North Carolina General Statutes 75A-2
• Commission: means the Wildlife Resources Commission. See North Carolina General Statutes 75A-2
• Continuance: Putting off of a hearing ot trial until a later time.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Director: means the Executive Director of the Wildlife Resources Commission. See North Carolina General Statutes 75A-2
• 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.
• 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.
• following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
• Fraud: Intentional deception resulting in injury to another.
• in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
• 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.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• month: shall be construed to mean a calendar month, unless otherwise expressed; and the word "year" a calendar year, unless otherwise expressed; and the word "year" alone shall be equivalent to the expression "year of our Lord. See North Carolina General Statutes 12-3
• Motorboat: means any vessel equipped with propulsion machinery of any type, whether or not the machinery is the principal source of propulsion: Provided, that "propulsion machinery" as used in this section shall not include an electric motor when used as the only means of mechanical propulsion of any vessel. See North Carolina General Statutes 75A-2
• No-wake speed: means idle speed or slow speed creating no appreciable wake. See North Carolina General Statutes 75A-2
• 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.
• Operate: means to navigate or otherwise use or occupy any motorboat or vessel that is afloat. See North Carolina General Statutes 75A-2
• Owner: means a person, other than a lienholder, having the property in or title to a vessel. See North Carolina General Statutes 75A-2
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, partnership, firm, corporation, association, or other entity. See North Carolina General Statutes 75A-2
• property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
• state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
• Statute: A law passed by a legislature.
• 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.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Underway: means a vessel that is not at anchor, or made fast to the shore, or aground. See North Carolina General Statutes 75A-2
• United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
• Vessel: means every description of watercraft or structure, other than a seaplane on the water, used or capable of being used as a means of transportation or habitation on the water. See North Carolina General Statutes 75A-2