Terms Used In South Carolina Code > Title 59 > Chapter 40 - Charter Schools

• 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.
• 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.
• Applicant: means the person who or nonprofit corporate entity that desires to form a charter school and files the necessary application with the South Carolina Public Charter School District Board of Trustees, the local school board of trustees in which the charter school is to be located, or the board of trustees or area commission of a public or independent institution of higher learning. See South Carolina Code 59-40-40
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Boat: means a vessel. See South Carolina Code 50-21-10
• Charter committee: means the governing body of a charter school formed by the applicant to govern through the application process and until the election of a board of directors is held. See South Carolina Code 59-40-40
• Charter fishing vessel: means a vessel used to transport recreational saltwater fishermen for hire and includes charter, party, and head boats. See South Carolina Code 50-5-15
• charter school: means a public, nonreligious, nonhome-based, nonprofit corporation forming a school that operates by sponsorship of a public school district, the South Carolina Public Charter School District, or a public or independent institution of higher learning, but is accountable to the board of trustees, or in the case of technical colleges, the area commission, of the sponsor which grants its charter. See South Carolina Code 59-40-40
• Charter school contract: means a fixed term, renewable contract between a charter school and a sponsor that outlines the roles, powers, responsibilities, and performance expectations for each party to the contract. See South Carolina Code 59-40-40
• Commercial purpose: means :
  
  (a) being engaged in buying or selling fish;
  
  (b) taking or attempting to take fish in order to derive income or other consideration;
  
  (c) using commercial equipment; and
  
  (d) otherwise being engaged in the fisheries industry with the intent to derive income. See South Carolina Code 50-5-15
• Contract: A legal written agreement that becomes binding when signed.
• convicted: means adjudication at trial or civil hearing and includes the entry of a plea of guilty, or nolo contendere, or the forfeiture of bail or collateral deposited to secure a defendant's appearance in court. See South Carolina Code 50-5-15
• 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.
• Department: means the South Carolina Department of Natural Resources unless otherwise stated. See South Carolina Code 50-5-15
• Devise: To gift property by will.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Donor: The person who makes a gift.
• 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}
• 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.
• Ex officio: Literally, by virtue of one's office.
• 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.
• Fish: means finfish, shellfish including mollusks, crustaceans, horseshoe crabs, whelks (conchs), turtles, and terrapin or products thereof. See South Carolina Code 50-5-15
• Fishing: means all activity and effort involved in taking or attempting to take fish. See South Carolina Code 50-5-15
• Fork length: means the length of a fish laid flat and measured from the tip of the closed mouth (snout) to the center of the fork of the tail. See South Carolina Code 50-5-15
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{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.
• 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.
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• 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}
• Live rock: means living saltwater organisms or an assemblage of them attached to a hard substrate including dead coral or rock. See South Carolina Code 50-5-15
• Local school district: means any school district in the State except the South Carolina Public Charter School District and does not include special school districts. See South Carolina Code 59-40-40
• Mariculture: means controlled cultivation in confinement of marine and estuarine organisms in salt waters. See South Carolina Code 50-5-15
• Mile: means one nautical mile, being six thousand seventy-six feet. See South Carolina Code 50-5-15
• 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, steer, drive, or be in control. See South Carolina Code 50-21-10
• Operator: means the person who operates or has charge or command of the navigation or use of a vessel or watercraft. See South Carolina Code 50-21-10
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means a person, other than a lienholder, who claims lawful possession of a vessel or outboard motor by virtue of legal title or equitable interest in it which entitled him to possession. See South Carolina Code 50-21-10
• Person: means an individual, a partnership, a firm, a corporation, an association, or other legal entity. See South Carolina Code 50-21-10
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• 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.
• Resident public school: means the school, other than a charter school, within whose attendance boundaries the charter school student's custodial parent or legal guardian resides. See South Carolina Code 59-40-40
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Saltwater gamefish: means a species of saltwater fish designated as a saltwater gamefish in this title. See South Carolina Code 50-5-15
• Shellfish: means oysters, clams, mussels, scallops, and all nonmotile molluscan fish having shells. See South Carolina Code 50-5-15
• Southern Cobia Management Zone: means all waters of this State south of 032? 31. See South Carolina Code 50-5-15
• Sponsor: means the South Carolina Public Charter School District Board of Trustees, the local school board of trustees in which the charter school is to be located, as provided by law, a public institution of higher learning as defined in § 59-103-5, or an independent institution of higher learning as defined in § 59-113-50, from which the charter school applicant requested its charter and which granted approval for the charter school's existence. See South Carolina Code 59-40-40
• Statute: A law passed by a legislature.
• Take: means to harass intentionally, hunt, capture, gather, harvest, remove, catch, wound, or kill or attempt to harass, hunt, capture, gather, harvest, remove, catch, wound, or kill. See South Carolina Code 50-5-15
• 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.
• Total length: means the length of a fish laid flat and measured from the closed mouth (snout) to the tip of the tail fin when pinched together. See South Carolina Code 50-5-15
• Trawling: means fishing with a trawl or having part of a trawl door in the water. See South Carolina Code 50-5-15
• Vessel: means every description of watercraft, other than a seaplane regulated by the federal government, used or capable of being used as a means of transportation on water. See South Carolina Code 50-21-10