Terms Used In South Carolina Code > Title 38 > Chapter 38 > Article 5 - Governance

• 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.
• Bylaws: means the society's articles of incorporation, constitution, and bylaws, however designated. See South Carolina Code 38-38-40
• Certificate: means the document issued as written evidence of the benefit contract. See South Carolina Code 38-38-40
• 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.
• Director: means the Director of the Department of Insurance of this State. See South Carolina Code 38-38-40
• 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.
• insurance: includes annuities. See South Carolina Code 38-1-20
• Insurer: includes a corporation, fraternal organization, burial association, other association, partnership, society, order, individual, or aggregation of individuals engaging or proposing or attempting to engage as principals in any kind of insurance or surety business, including the exchanging of reciprocal or interinsurance contracts between individuals, partnerships, and corporations. See South Carolina Code 38-1-20
• Lodge: means subordinate member units of the society, known as camps, courts, councils, branches, or by any other designation. See South Carolina Code 38-38-40
• Oath: A promise to tell the truth.
• Optician: means one who prepares and dispenses lenses, spectacles, eyeglasses, and appurtenances to the intended wearers on prescriptions from licensed physicians or optometrists and in accordance with these prescriptions, mechanically interprets, measures, adapts, fits, and adjusts lenses, spectacles, eyeglasses, and appurtenances to the human face for the aid or correction of visual or ocular anomalies of the human eye;
  
  (2) "Apprentice" means a qualified person registered by the board who is working under the supervision of a licensed optician, optometrist, or ophthalmologist and who is being trained in the practice of opticianry;
  
  (3) "Board" means the South Carolina Board of Examiners in Opticianry; and
  
  (4) "Direct supervision" means, with regard to a supervisee, the licensed optician must be on the premises at all times. See South Carolina Code 40-38-20
• Person: means a corporation, agency, partnership, association, voluntary organization, individual, or another entity, organization, or aggregation of individuals. See South Carolina Code 38-1-20
• Personal property: All property that is not real property.
• Premium: means payment given in consideration of a contract of insurance. See South Carolina Code 38-1-20
• Premiums: means premiums, rates, dues, or other required contributions, by whatever name known, which are payable under the certificate. See South Carolina Code 38-38-40
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Rules: means all rules, regulations, or resolutions adopted by the supreme governing body or board of directors which are intended to have general application to the members of the society. See South Carolina Code 38-38-40
• Society: means fraternal benefit society, unless otherwise indicated. See South Carolina Code 38-38-40
• Solicit: means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company. See South Carolina Code 38-1-20