Terms Used In South Carolina Code > Title 33 > Chapter 39 > Article 5 - Members and Stockholders; Loans to Corporation

• 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.
• 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.
• Amusement device: means any mechanical device or combination of devices which carries or conveys passengers on, along, around, over, or through a fixed or restricted course or within a defined area for the purpose of giving its passengers amusement, pleasure, or excitement. See South Carolina Code 41-18-40
• Amusement park: means a tract or area used principally as a permanent location for amusement devices or structures. See South Carolina Code 41-18-40
• 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.
• Asbestos abatement entity: means any individual, partnership, firm, association, corporation, sole proprietorship, or other business concern, as well as an employee or member of a governmental, religious, or social organization, that is involved in asbestos abatement. See South Carolina Code 44-87-10
• Asbestos project: means an activity associated with abatement, including inspection, design, air monitoring, in-place management, encapsulation, enclosure, renovation, repair, removal, any other disturbance of regulated asbestos-containing materials, and demolition of a regulated facility. See South Carolina Code 44-87-10
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Birthing center: means a facility or other place where human births are planned to occur. See South Carolina Code 44-89-30
• Board: means the South Carolina Board of Health and Environmental Control. See South Carolina Code 44-89-30
• Carnival: means an itinerant enterprise consisting principally of temporary amusement devices or mechanical rides operated to provide entertainment or amusement to the public. See South Carolina Code 41-18-40
• Catapulting amusement ride: means an amusement ride whereby a person, or persons, riding in a safety car, or other suitable safety device, is attached to wire ropes or cables that may be attached to springs or other devices similar in design or use which are engineered to simulate bungee catapulting or reverse bungee jumping as defined in § 52-19-50(5) whereby a person or passenger is released from a fixed position, thus catapulting or otherwise launching the jumper or passenger into the air or toward the ground. See South Carolina Code 41-18-40
• Catastrophic accident: means an incident resulting in fatality or three or more injuries resulting in hospitalization. See South Carolina Code 41-18-40
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concession go-kart: means an amusement ride or device that:
  
  (i) is a single vehicle, unattached to other vehicles or a common frame system;
  
  (ii) is powered without connection to a common energy source;
  
  (iii) is driver-controlled with respect to acceleration, speed, braking, and steering;
  
  (iv) operates within the containment system of a defined track;
  
  (v) simulates competitive motor sports; and
  
  (vi) is used by members of the general public for a fee. See South Carolina Code 41-18-40
• 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.
• Corporation: means a county business development corporation created under this chapter;
  
  (2) "Financial institution" means any banking corporation or trust company, building and loan association, insurance company or related corporation, partnership, foundation or other institution engaged primarily in lending or investing funds;
  
  (3) "Member" means any financial institution authorized to do business within this State which shall undertake to lend money to a corporation created under this chapter, upon its call, and in accordance with the provisions of this chapter;
  
  (4) "Board of directors" means the board of directors of the corporation created under this chapter; and
  
  (5) "Loan limit" means, for any member, the maximum amount permitted to be outstanding at one time on loans made by such member to the corporation as determined under the provisions of this chapter. See South Carolina Code 33-39-10
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the South Carolina Department of Labor, Licensing and Regulation. See South Carolina Code 41-18-40
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-89-30
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-87-10
• Dependent: A person dependent for support upon another.
• Director: means the Director of the South Carolina Department of Labor, Licensing and Regulation or the director's designee or representative. See South Carolina Code 41-18-40
• 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: means an enterprise principally devoted to the exhibition of the products of agriculture or industry and at which amusement devices or temporary structures are provided for use by the public. See South Carolina Code 41-18-40
• 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.
• 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.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• 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.
• Long-term care facility: means an intermediate care facility, nursing care facility, or residential care facility subject to regulation and licensure by the State Department of Health and Environmental Control (department). See South Carolina Code 44-81-30
• Low risk: means normal, uncomplicated prenatal course as determined by adequate prenatal care and prospects for a normal, uncomplicated birth as defined by reasonable and generally accepted criteria of maternal and fetal health. See South Carolina Code 44-89-30
• Midwifery: means the application of scientific principles in the care of "with woman" care during uncomplicated pregnancy, birth, and puerperium including care of the newborn, support of the family unit, and gynecologic health care. See South Carolina Code 44-89-30
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Oath: A promise to tell the truth.
• Owner: means a person, corporation, partnership, or association who owns an amusement device or, in the event that the amusement device is leased, the lessee. See South Carolina Code 41-18-40
• Parent or guardian: means a parent, custodian, or guardian responsible for the control, safety, training, or education of a minor or a person who is disabled or incompetent. See South Carolina Code 41-18-310
• 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.
• Permanent device: means a device which is used, or intended to be used, as an amusement device that is erected to remain a lasting part of the premises. See South Carolina Code 41-18-40
• Person: means a natural individual, private or public organization, political subdivision, or other governmental agency. See South Carolina Code 44-89-30
• Physician: means a doctor of medicine or osteopathy with training in obstetrics or midwifery and licensed by the South Carolina State Board of Medical Examiners to practice medicine. See South Carolina Code 44-89-30
• Representative: means a resident's legal guardian, committee, or next of kin or other person acting as agent of a resident who does not have a legally appointed guardian. See South Carolina Code 44-81-30
• Resident: means a person who is receiving treatment or care in a long-term care facility. See South Carolina Code 44-81-30
• rider: means a person who is:
  
  (a) waiting in the immediate vicinity to get on a carnival or amusement device;
  
  (b) getting on a carnival or amusement device;
  
  (c) using a carnival or amusement device;
  
  (d) getting off a carnival or amusement device; or
  
  (e) leaving a carnival or amusement device and who is still in the immediate vicinity of the carnival or amusement device. See South Carolina Code 41-18-310
• Safety coordinator: means a person suited by training or experience and designated by the owner or operator of an amusement park, fair, or carnival as being in charge of the safety of all amusement devices located at the park, fair, or carnival. See South Carolina Code 41-18-40
• Serious injury: means an injury that results in death or requires immediate in-patient hospitalization. See South Carolina Code 41-18-40
• Special inspector: means an inspector licensed by the director and not employed by the department. See South Carolina Code 41-18-40
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Super-kart: means an open-wheel motorsport vehicle, with or without gearbox or shifter capability, used for racing in excess of fifty miles per hour. See South Carolina Code 41-18-40
• Temporary device: means a device which is used as an amusement device that is regularly relocated with or without disassembly. See South Carolina Code 41-18-40
• Temporary 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.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.