Terms Used In Rhode Island General Laws > Chapter 5-33.1 - Funeral Service Contracts

• 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: includes any executive office, department, division, board, commission, or other office or officer in the executive branch of the government. See Rhode Island General Laws 37-2.3-3
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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.
• 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
• Auctioneer: shall mean a business or organization that conducts an electronic reverse auction. See Rhode Island General Laws 37-2-15
• 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}
• Bequest: Property gifted by will.
• Boycott: means to blacklist, divest from, sanction, or otherwise refuse to deal with a person, firm, or entity, or a public entity of a foreign state, when the action is based on race, color, religion, gender, or nationality of the targeted person, firm, entity, or public entity of a foreign state. See Rhode Island General Laws 37-2.6-2
• 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.
• Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) ^{Source: OCC}
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dependent: A person dependent for support upon another.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evaluated bid price: shall mean the dollar amount of a bid, after bid price adjustments are made pursuant to objective measurable criteria, set forth in the invitation for bids, which affect the economy and effectiveness in the operation or use of the product, such as reliability, maintainability, useful life, and residual value. See Rhode Island General Laws 37-2-15
• 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.
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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
• Invitation for bids: shall mean all documents, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures set forth in § 37-2-18 and Rhode Island General Laws 37-2-15
• 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.
• jurisdiction with whom the state can enjoy open trade: means states that are members of the World Trade Organization. See Rhode Island General Laws 37-2.6-2
• 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}
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• 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.
• Oversight: Committee review of the activities of a Federal agency or program.
• 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: includes an individual, institution, federal, state, or local governmental entity, or any other public or private entity. See Rhode Island General Laws 37-2.3-3
• person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• Person: means natural persons as well as corporations, partnerships, business units, and associations;

  (2)  "Public agency" means any and all other public bodies, authorities, officers, agencies, or instrumentalities, whether exercising a governmental or proprietary function;

  (i)  The state and its departments, boards, commissions and agencies;

  (ii)  Cities, towns, school districts, and any other governmental unit or district; or

  (iii)  Any and all other public bodies, authorities, officers, agencies, or instrumentalities, whether exercising a governmental or proprietary function;

  (3)  "Public works" means steel to construct, frame or reinforce any public structure, building, highway, waterway, street, bridge, transit system, airport, or other betterment, work, or improvement, whether of a permanent or temporary nature, and whether for governmental or proprietary use;

  (4)  "Steel products" means products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated, or otherwise similarly processed, or processed by a combination of two or more of these operations, from steel made in the United States by the open hearth, basic oxygen, electric furnace, Bessemer, or other steel making process; and

  (5)  "United States" means the United States of America and includes all territory, continental or insular, subject to the jurisdiction of the United States. See Rhode Island General Laws 37-2.1-5

• Personal property: All property that is not real property.
• physical or mental impairment: shall mean any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. See Rhode Island General Laws 37-2.2-2
• Public entity: means the state, or any political subdivisions of the state, including, but not limited to, any of its agencies, departments, institutions, or school districts. See Rhode Island General Laws 37-2.6-2
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quonset Point buildings: means the buildings at the site of Quonset Point naval air station in the town of North Kingstown and situated on the reverter real property, or the surplus real property, including, without being limited to, the following: buildings number 1, 2, 16, 17, 60, 151, 374, 375, 406, 483, 484, 488, 536, 537, DG12 and DT38. See Rhode Island General Laws 37-3.2-1
• Quorum: 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.
• 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.
• Request for proposals: shall mean all documents, whether attached or incorporated by reference, utilized for soliciting proposals in accordance with the procedures set forth in this chapter. See Rhode Island General Laws 37-2-15
• Request for qualifications: shall mean all documents, whether attached or incorporated by reference, utilized for soliciting qualifications of offerors prior to or during the solicitation of bids or proposals. See Rhode Island General Laws 37-2-15
• 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.
• Reverse Auction: shall mean a bid competition where the lowest responsive and responsible bidder wins the auction. See Rhode Island General Laws 37-2-15
• Reverter personal property: means the personal property (which may include any of the Quonset Point buildings to the extent that they are deemed to be personal property) located on the reverter real property. See Rhode Island General Laws 37-3.2-1
• Reverter real property: means that real property more fully described in P. See Rhode Island General Laws 37-3.2-1
• Services: includes , with respect to a private contractor, all aspects of the provision of services provided by a private contractor pursuant to a privatization contract, or any services provided by a subcontractor of a private contractor. See Rhode Island General Laws 37-2.3-3
• Small disadvantaged businesses owned and controlled by persons with disabilities: shall mean small business concern, which is at least fifty-one percent (51%) owned by one or more person(s) with disabilities or, in the case of a publicly owned business, at least fifty-one percent (51%) of the stock of which is owned by one or more disabled person, whose management and daily business operations are controlled by one or more person(s) with disabilities, and have fifty or fewer employees. See Rhode Island General Laws 37-2.2-2
• Statute: A law passed by a legislature.
• Surplus personal property: means such personal property, in addition to the reverter personal property, as shall be transferred, assigned, or conveyed to the state by the United States pursuant to the provisions of § 13 (g) of the surplus property act of 1944 or pursuant to the provisions of any other applicable law of the United States. See Rhode Island General Laws 37-3.2-1
• Surplus real property: means such real property as shall be transferred, assigned, or conveyed to the state by the United States pursuant to the provisions of § 13 (g) of the surplus property act of 1944, 50 U. See Rhode Island General Laws 37-3.2-1
• 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}
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8