Terms Used In Rhode Island General Laws > Chapter 2-16 - General Plant Pest Act

• Agreement: means a written contractual agreement between the merchant and the third-party delivery service. See Rhode Island General Laws 6-58-1
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Common 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.
• Community of interest: means a continuing financial interest between the grantor and the grantee in either the operation of the dealership business or the marketing of such goods or services. See Rhode Island General Laws 6-54-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuing financial interest: means the following:

  (i)  A dealership relationship of at least one year in duration between the grantor and dealer, without regard to:

  (A)  Any minimum percentage of revenue or profit derived therefrom by the dealer;

  (B)  Any minimum financial investment by the dealer; or

  (C)  The aggregate economic size or level of activity by the dealer or its affiliates; and

  (ii)  The dealer has expended, allocated, or dedicated revenue or personnel to promoting the sale or distribution of the grantor's goods or services, including investments in grantor inventory, sales and marketing, or facilities; and

  (iii)  Dealer and grantor cooperate, coordinate activities, or share common goals. See Rhode Island General Laws 6-54-2

• Contract: A legal written agreement that becomes binding when signed.
• Control: has the meaning provided in Rhode Island General Laws 6-56-2
• 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.
• Customer: means the person, business, or other entity that places an order for merchant products through the marketplace. See Rhode Island General Laws 6-58-1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means a person who is a grantee of a dealership situated in this state, and any successor in interest, regardless of the subsequent sale or change in ownership of such entity. See Rhode Island General Laws 6-54-2
• Dealership: means any of the following: A contract or agreement, either expressed or implied, whether oral or written, between two (2) or more persons, by which a person is granted the right to sell or distribute goods or services, or use a trade name, trademark, service mark, logotype, advertising, or other commercial symbol, in which there is a community of interest in the business of offering, selling, or distributing goods or services at wholesale, retail, by lease, agreement, or otherwise. See Rhode Island General Laws 6-54-2
• Dependent: A person dependent for support upon another.
• Director: means the director of the department of environmental management for the state of Rhode Island and his or her authorized agents. See Rhode Island General Laws 2-16-2
• 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.
• 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}
• 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.
• 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.
• 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}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• gift card: means a written promise or electronic payment device that:

  (1)  Is usable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo, or is usable at multiple, unaffiliated merchants or service providers;

  (2)  Is issued in a specific amount;

  (3)  May or may not be increased in value or reloaded;

  (4)  Is purchased and/or loaded on a prepaid basis for the future purchase or delivery of any goods or services; and

  (5)  Is honored upon presentation. See Rhode Island General Laws 6-59-1

• Good cause: means , for the purposes of this act, good cause for terminating, diminishing, canceling, or nonrenewal shall mean:

  (i)  The failure by the dealer to substantially comply with the reasonable requirements imposed by the grantor; or

  (ii)  Any of the reasons listed in § 6-54-4(a)(1) through (a)(6). See Rhode Island General Laws 6-54-2

• Grantor: means a person who grants a dealership, and any successor in interest, regardless of the subsequent sale or change in ownership of such person. See Rhode Island General Laws 6-54-2
• Grantor: The person who establishes a trust and places property into it.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• 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.
• Hague Securities Convention: means the Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary, concluded 5 July, 2006. See Rhode Island General Laws 6-56-2
• in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
• Indemnification: 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: FDIC}
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Likeness: means identifiable symbols attributed and easily identified as belonging to a specific merchant or retailer. See Rhode Island General Laws 6-58-1
• Marketplace: means the third party's proprietary online communication platform where customers can view and search the menus of merchants and place an order for merchant products via the third party's website or mobile application for delivery or by the third-party delivery service, or an independent contractor of the third-party delivery service, to the customer. See Rhode Island General Laws 6-58-1
• 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.
• 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 any individual, association, partnership, society, or combination of individuals, or any institution, park, or other public agency administered by the state or by any city or town. See Rhode Island General Laws 2-16-2
• person: when used in this chapter, shall include individuals, partnerships, associations, and corporations. See Rhode Island General Laws 6-53-1
• Person: means a natural person, partnership, joint venture, corporation, or other entity. See Rhode Island General Laws 6-54-2
• person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plant pest: means any insect, nematode, protozoan, crustacean, or any other invertebrate animal, and any virus, bacterium, fungus, or other member of the plant kingdom, in any stage of development, known to be or suspected of being capable of causing serious injury or damage to, or of inciting serious diseases in, plants or parts and products of plants, whether in the field, in storage, or in markets and any animal, plant, plant part or product, or inanimate object constituting a source of danger to plants, plant parts and products, by reason of a capacity to constitute a vector, reservoir, alternate host, place of breeding, hibernation refuge, or vehicle of distribution, for any of the types of organisms mentioned in this subsection. See Rhode Island General Laws 2-16-2
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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: FDIC}
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Sale or change in ownership: means with respect to any grantor or dealer, the direct or indirect sale of such person's assets or equity ownership, whether by merger or sale or other change in control event. See Rhode Island General Laws 6-54-2
• Statute: A law passed by a legislature.
• Third-party delivery service: means a company, organization, or entity, outside of the operation of the merchant's business that facilitates delivery or online ordering services to customers. See Rhode Island General Laws 6-58-1
• town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
• 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}
• Uniform Commercial Code jurisdiction: means a state that has enacted Article 8. See Rhode Island General Laws 6-56-2
• Uniform Regulation of Virtual-Currency Businesses Act: means Rhode Island General Laws 6-56-2
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
• User: means a person for which a licensee has control of virtual currency. See Rhode Island General Laws 6-56-2
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.