Virginia Code > Title 15.2 > Subtitle III – Boundary Adjustments and Changes of Status of Counties, Cities and Towns
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Terms Used In Virginia Code > Title 15.2 > Subtitle III - Boundary Adjustments and Changes of Status of Counties, Cities and Towns
- Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
- Account: means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Virginia Code 64.2-116
- Accounting period: includes a part of a calendar year or another period of 12 calendar months or approximately 12 calendar months that begins when an income interest begins or ends when an income interest ends. See Virginia Code 64.2-1033
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
- Adult: means an individual who is at least 18 years of age. See Virginia Code 64.2-900
- Adult: means a person 18 years of age or more. See Virginia Code 1-203
- Advisory Committee: means the Six-Year Capital Outlay Plan Advisory Committee established pursuant to § Virginia Code 2.2-1515
- 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.
- Affiliate: means any person or subsidiary thereof, who has, either directly or indirectly, actual or legal control over a distributor, whether by stock ownership or in any other manner. See Virginia Code 3.2-3200
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Agent: includes an original agent, a coagent, a successor agent, and a person to which an agent's authority is delegated. See Virginia Code 64.2-116
- Agreement: means a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration, between a winery and wine wholesaler pursuant to which the wholesaler has been authorized to distribute one or more of the winery's brands of wine. See Virginia Code 4.1-401
- Agreement: means a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration, between a brewery and beer wholesaler pursuant to which the wholesaler has been authorized to distribute one or more of the brewery's brands of beer. See Virginia Code 4.1-500
- Agricultural activity: means any activity used in the production of food and fiber, including farming, feedlots, grazing livestock, poultry raising, dairy farming, and aquaculture activities. See Virginia Code 3.2-400
- Agricultural operation: means any operation devoted to the bona fide production of crops, animals, or fowl, including the production of fruits and vegetables of all kinds, meat, dairy, and poultry products, nuts, tobacco, nursery, and floral products and the production and harvest of products from silviculture activity. See Virginia Code 3.2-300
- Aircraft: means any contrivance now known, or hereafter invented, used, or designed for navigation of or flight in the air, including a balloon or other contrivance designed for maneuvering in airspace at an altitude greater than 24 inches above ground or water level, except that any contrivance now or hereafter invented of fixed or flexible wing design, operating without the assistance of any motor, engine, or other mechanical propulsive device, which is designed to utilize the feet and legs of the operator or operators as the sole means of initiating and sustaining forward motion during the launch and of providing the point of contact with the ground upon landing and commonly called a "hang glider" shall not be included within this definition. See Virginia Code 5.1-1
- Airport: means any area of land or water which is used, or intended for public use, for the landing and takeoff of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, easements and together with all airport buildings and facilities located thereon. See Virginia Code 5.1-1
- Allegation: something that someone says happened.
- 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.
- Amortization: Paying off a loan by regular installments.
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Anything of value: means :
1. See Virginia Code 2.2-419
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Applicable value: means the amount of the net fair market value of a trust taken into account under § Virginia Code 64.2-701
- Asset-backed security: includes rights or other assets that ensure the servicing or timely distribution of proceeds to the holder of the asset-backed security. See Virginia Code 64.2-1033
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Authority: means the Virginia Resources Authority created in Chapter 21 of Title 62. See Virginia Code 5.1-30.1
- Authority: means the Virginia Alcoholic Beverage Control Authority created pursuant to this subtitle. See Virginia Code 4.1-100
- Authorized fiduciary: means (i) a trustee or other fiduciary, other than a settlor, that has discretion to distribute or direct a trustee to distribute part or all of the income or principal of the first trust to one or more current beneficiaries and that is not (a) a current beneficiary of the first trust or a beneficiary to which the net income or principal of the first trust would be distributed if the first trust were terminated, (b) a trustee of the first trust that may be removed and replaced by a current beneficiary who has the power to remove the existing trustee of the first trust and designate as successor trustee a person that may be a related or subordinate party, as defined in Virginia Code 64.2-701
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Bail: means the pretrial release of a person from custody upon those terms and conditions specified by order of an appropriate judicial officer. See Virginia Code 19.2-119
- 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.
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Beer: means any alcoholic beverage obtained by the fermentation of an infusion or decoction of barley, malt, and hops or of any similar products in drinkable water and containing one-half of one percent or more of alcohol by volume. See Virginia Code 4.1-100
- 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
- Beneficiary: means an individual for whom property has been transferred to or held under a declaration of trust by a custodial trustee for the individual's use and benefit under this chapter. See Virginia Code 64.2-900
- Beneficiary: means a person that (i) has a present or future, vested or contingent, beneficial interest in a trust; (ii) holds a power of appointment over trust property; or (iii) is an identified charitable organization that will or may receive distributions under the terms of the trust. See Virginia Code 64.2-701
- Beneficiary: includes :
1. See Virginia Code 64.2-1033
- Beneficiary: means a person that receives property under a transfer on death deed. See Virginia Code 64.2-621
- Beneficiary form: means a registration of a security that indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner. See Virginia Code 64.2-612
- Bequeath: To gift property by will.
- Bequest: Property gifted by will.
- Bingo: means a specific game of chance played with (i) individual cards having randomly numbered squares ranging from one to 75, (ii) Department-approved electronic devices that display facsimiles of bingo cards and are used for the purpose of marking and monitoring players' cards as numbers are called, or (iii) Department-approved cards, in which prizes are awarded on the basis of designated numbers on such cards conforming to a predetermined pattern of numbers selected at random. See Virginia Code 18.2-340.16
- Blanket-exercise clause: includes a clause that:
1. See Virginia Code 64.2-2700
- Board: means the Virginia Aviation Board. See Virginia Code 5.1-1
- Board: means the Board of Directors of the Virginia Alcoholic Beverage Control Authority. See Virginia Code 4.1-100
- Board: means the Soil and Water Conservation Board. See Virginia Code 3.2-400
- Board: means the Board of Agriculture and Consumer Services. See Virginia Code 3.2-100
- Board of supervisors: means the governing body of a county. See Virginia Code 15.2-102
- Bona fide member: means an individual who participates in activities of a qualified organization other than such organization's charitable gaming activities. See Virginia Code 18.2-340.16
- Bona fide purchaser: means a purchaser of property for value who has acted in the transaction in good faith. See Virginia Code 64.2-100
- Bond: means the posting by a person or his surety of a written promise to pay a specific sum, secured or unsecured, ordered by an appropriate judicial officer as a condition of bail to assure performance of the terms and conditions contained in the recognizance. See Virginia Code 19.2-119
- Bond with surety: includes the payment in cash of the full amount of the required bond and, in such case, no surety shall be required. See Virginia Code 1-205
- Brand: means any word, name, group of letters, symbol or combination thereof adopted and used by a winery to identify a specific wine product and to distinguish that product from other wine produced or marketed by that winery or other wineries. See Virginia Code 4.1-401
- Brand: means any word, name, group of letters, symbol or combination thereof adopted and used by a brewery to identify a specific malt beverage product and to distinguish that product from other beers produced or marketed by that brewery or other breweries. See Virginia Code 4.1-500
- Breach of trust: includes a violation by a trust director or trustee of a duty imposed on that trust director or trustee by the terms of the trust, this article, or law of the Commonwealth other than this article pertaining to trusts. See Virginia Code 64.2-779.26
- Brewery: means every person, including any authorized representative of such person pursuant to § Virginia Code 4.1-500
- broker: means a person that, for compensation or the expectation of compensation, obtains or offers to obtain sales-based financing from a provider for a recipient. See Virginia Code 6.2-2228
- Candidate species: means those species formally recommended by the Director of the Department of Conservation and Recreation or other reliable data sources in writing to and accepted by the Commissioner for presentation to the Board for listing under this chapter. See Virginia Code 3.2-1000
- Capital outlay project: means acquisition of real property, including buildings or plant or machinery or equipment, or new construction or improvements related to state-owned real property, buildings, plant, or machinery or equipment including plans therefor. See Virginia Code 2.2-1515
- Carries: means engages in the transmission of an electronic communication. See Virginia Code 64.2-116
- Catalog of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See Virginia Code 64.2-116
- certificate: means the part of, or attachment to, a notarized document that is completed by the notary public, bears the notary public's signature, title, commission expiration date, notary registration number, and other required information concerning the date and place of the notarization and states the facts attested to or certified by the notary public in a particular notarization. See Virginia Code 47.1-2
- Certification form: means a certification form or declaration completed by a certifying agency that is required by federal immigration law certifying that a person is a victim of qualifying criminal activity. See Virginia Code 9.1-1500
- Certifying agency: means a state or local law-enforcement agency, an attorney for the Commonwealth, the Attorney General, or any other agency or department employing law-enforcement officers as defined in § Virginia Code 9.1-1500
- Certifying official: means the head of the certifying agency, a law-enforcement officer as defined in § Virginia Code 9.1-1500
- Chambers: A judge's office.
- charitable games: means those raffles, Texas Hold'em poker tournaments, and games of chance explicitly authorized by this article. See Virginia Code 18.2-340.16
- charitable gaming: includes electronic gaming authorized by this article. See Virginia Code 18.2-340.16
- Charitable gaming supplies: includes bingo cards or sheets, devices for selecting bingo numbers, instant bingo cards, pull-tab cards and seal cards, playing cards for Texas Hold'em poker, poker chips, and any other equipment or product manufactured for or intended to be used in the conduct of charitable games. See Virginia Code 18.2-340.16
- Charitable interest: means an interest in a trust that (i) is held by an identified charitable organization and makes the organization a qualified beneficiary; (ii) benefits only charitable organizations and, if the interest were held by an identified charitable organization, would make the organization a qualified beneficiary; or (iii) is held solely for charitable purposes and, if the interest were held by an identified charitable organization, would make the organization a qualified beneficiary. See Virginia Code 64.2-701
- Charitable organization: means (i) a person, other than an individual, organized and operated exclusively for charitable purposes or (ii) a government or governmental subdivision, agency, or instrumentality, to the extent that it holds funds exclusively for a charitable purpose. See Virginia Code 64.2-701
- Charitable purpose: means the relief of poverty, the advancement of education or religion, the promotion of health, a municipal or other governmental purpose, or another purpose the achievement of which is beneficial to the community. See Virginia Code 64.2-701
- Charitable trust: means a trust, or portion of a trust, created for a charitable purpose described in § Virginia Code 64.2-701
- Chief: means the Chief of the Division of Mines of the Department of Energy. See Virginia Code 45.2-100
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Circumstantial evidence: All evidence except eyewitness testimony.
- Civil disorder: means any public disturbance within the United States or any territorial possessions thereof involving acts of violence by assemblages of three or more persons, which causes an immediate danger of or results in damage or injury to the property or person of any other individual. See Virginia Code 18.2-433.1
- Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- Collegial body: means a governmental entity whose power or authority is vested within its membership. See Virginia Code 1-209
- Commercial dealing: shall mean any offer, acceptance, agreement, or solicitation to sell or offer to sell or distribute goods, services or construction, to the Commonwealth of Virginia, or any local government within the Commonwealth or any department or agency thereof. See Virginia Code 18.2-498.2
- Commission: means the Milk Commission. See Virginia Code 3.2-3200
- Commissioner: means the Commissioner of the Department of Agriculture and Consumer Services. See Virginia Code 18.2-340.16
- Commissioner: means the Commissioner of the Department of Veterans Services appointed pursuant to § Virginia Code 2.2-2000.1
- Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife.
- 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.
- Company: means a bank, trust company, or other entity conducting the business of renting safe deposit boxes. See Virginia Code 6.2-2300
- Compensation: means :
1. See Virginia Code 2.2-419
- Conduct: means the actions associated with the provision of a gaming operation during and immediately before or after the permitted activity, which may include (i) selling bingo cards or packs, electronic devices, instant bingo or pull-tab cards, or raffle tickets, (ii) calling bingo games, (iii) distributing prizes, and (iv) any other services provided by volunteer workers. See Virginia Code 18.2-340.16
- Conservator: means a person appointed or qualified by a court to manage the estate of an individual or a person legally authorized to perform substantially the same functions. See Virginia Code 64.2-900
- Conservator: means a person appointed by the court to administer the estate of an adult individual. See Virginia Code 64.2-701
- Conservator: includes a limited conservator. See Virginia Code 64.2-116
- Constitutional officer: means an officer provided for pursuant to Article VII, § 4 of the Constitution. See Virginia Code 15.2-102
- Construction phase: means the following steps, as set out in the Construction and Professional Services Manual of the Department of General Services: preparation of final working drawings and specifications, advertising for a sealed bid or proposal, awarding a contract pursuant to law, and actual construction of a project. See Virginia Code 2.2-1515
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Controlling document: means the will, agreement, power of attorney, court order, or other instrument creating the fiduciary powers. See Virginia Code 64.2-780
- Conviction: A judgement of guilt against a criminal defendant.
- Council: means the governing body of a city or town. See Virginia Code 15.2-102
- Council: means the Virginia Conflict of Interest and Ethics Advisory Council established in § 30-355. See Virginia Code 2.2-419
- County: means any existing county or such unit hereafter created. See Virginia Code 15.2-102
- Court: means any court vested with appropriate jurisdiction under the Constitution and laws of the Commonwealth. See Virginia Code 19.2-5
- Court: means a circuit court of the Commonwealth. See Virginia Code 64.2-900
- Court: means the court of the Commonwealth having jurisdiction in matters related to trusts. See Virginia Code 64.2-701
- Court: means the court in the Commonwealth having jurisdiction relating to a trust, estate, or life estate or other term interest described in subdivision 2 of § Virginia Code 64.2-701
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Distribution: means a payment or transfer by a fiduciary to a beneficiary in the beneficiary's capacity as a beneficiary, made under the terms of the trust, without consideration other than the beneficiary's right to receive the payment or transfer under the terms of the trust. See Virginia Code 64.2-1033
- Distributor: means any of the following persons engaged in the business of distributing, marketing, or in any manner handling fluid milk, in whole or in part, in fluid form for consumption in the Commonwealth:
1. See Virginia Code 3.2-3200
- District: means one of the districts set forth in § Virginia Code 3.2-1200
- Docket: A log containing brief entries of court proceedings.
- Document: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form, including a record as defined in the Uniform Electronic Transactions Act (§ Virginia Code 47.1-2
- Donee: The recipient of a gift.
- Donor: The person who makes a gift.
- Donor: means a person that creates a power of appointment. See Virginia Code 64.2-2700
- Dower: A widow
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Virginia Code 47.1-2
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Virginia Code 64.2-116
- Electronic communication service: means a custodian that provides to a user the ability to send or receive an electronic communication. See Virginia Code 64.2-116
- electronic games: means any instant bingo, pull tabs, or seal card gaming that is conducted primarily by use of an electronic device. See Virginia Code 18.2-340.16
- Electronic gaming adjusted gross receipts: means the gross receipts derived from electronic gaming less the total amount in prize money paid out to players. See Virginia Code 18.2-340.16
- Electronic gaming manufacturer: means a manufacturer of electronic devices used to conduct electronic gaming. See Virginia Code 18.2-340.16
- Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the document. See Virginia Code 47.1-2
- 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
- Emergency personnel: means any persons, paid or volunteer, who receive calls for dispatch of police, fire, or emergency medical services personnel, and includes law-enforcement officers, firefighters, including special forest wardens designated pursuant to § Virginia Code 18.2-426
- Employee: means a state police officer. See Virginia Code 51.1-201
- Endangered species: means any species or variety of plant life or insect life determined by the Board to be in danger of extinction throughout all or a significant part of its range other than a species determined by the Commissioner not to be in the best interest of the welfare of man. See Virginia Code 3.2-1000
- Entity: means any corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or other legal or commercial entity. See Virginia Code 6.2-100
- Environmental law: means a federal, state, or local law, rule, regulation, or ordinance relating to protection of the environment. See Virginia Code 64.2-701
- 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
- Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Estate: includes the property of the decedent as the estate is originally constituted and the property of the estate as it exists at any time during administration. See Virginia Code 64.2-1033
- Ex officio: Literally, by virtue of one's office.
- Ex officio: means service by virtue of one's office and includes voting privileges for ex officio members unless otherwise provided. See Virginia Code 1-215
- Executive action: includes procurement transactions. See Virginia Code 2.2-419
- Executive agency: includes the State Corporation Commission, the Virginia Workers' Compensation Commission, and the Virginia Lottery. See Virginia Code 2.2-419
- Executive official: means :
1. See Virginia Code 2.2-419
- Executive session: A portion of the Senate's daily session in which it considers executive business.
- Executor: A male person named in a will to carry out the decedent
- Expanded distributive discretion: means a discretionary power of distribution that is not limited to an ascertainable standard or a reasonably definite standard. See Virginia Code 64.2-701
- Explosive or incendiary device: means (i) dynamite and all other forms of high explosives, (ii) any explosive bomb, grenade, missile, or similar device, or (iii) any incendiary bomb or grenade, fire bomb, or similar device, including any device which consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound, and can be carried or thrown by one individual acting alone. See Virginia Code 18.2-433.1
- Express unitrust: means a trust for which, under the terms of the trust without regard to this article, income or net income must or may be calculated as a unitrust amount. See Virginia Code 64.2-1039
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Fair market rental value: means the rent that a rental property will bring when offered for lease by a lessor who desires to lease the property but is not obligated to do so and leased by a lessee under no necessity of leasing. See Virginia Code 18.2-340.16
- 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.
- Fair market value: means the price that a good or service would bring between a willing seller and a willing buyer in the open market after negotiations. See Virginia Code 2.2-419
- farm: means any person that obtains at least 51 percent of its annual gross income from agricultural operations and produces the agricultural waste used as feedstock for the waste-to-energy technology, (ii) "agricultural waste" means biomass waste materials capable of decomposition that are produced from the raising of plants and animals during agricultural operations, including animal manures, bedding, plant stalks, hulls, and vegetable matter, and (iii) "waste-to-energy technology" means any technology, including but not limited to a methane digester, that converts agricultural waste into gas, steam, or heat that is used to generate electricity on-site. See Virginia Code 1-222.1
- Farm winery: means (i) an establishment or cooperative located in the Commonwealth on land zoned agricultural that has (a) a vineyard, orchard, or similar growing area that produces fruits or other agricultural products used to manufacture the wine of such farm winery, subject to the requirements set forth in § Virginia Code 4.1-100
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: includes a guardian, committee, trustee, executor, conservator, or personal representative. See Virginia Code 64.2-100
- Fiduciary: includes a trustee, trust director under the Uniform Directed Trust Act (§ Virginia Code 64.2-1033
- Fiduciary: means an original, additional, or successor personal representative, conservator, guardian, agent, or trustee. See Virginia Code 64.2-116
- Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
- Finance charge: has the meaning assigned to it in Consumer Financial Protection Bureau Regulation Z, Virginia Code 6.2-100
- Firearm: means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material; or the frame or receiver of any such weapon. See Virginia Code 18.2-433.1
- First trust: means a trust over which an authorized fiduciary may exercise the decanting power. See Virginia Code 64.2-701
- First-trust instrument: means the trust instrument for a first trust. See Virginia Code 64.2-701
- 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.
- Forbearance: A means of handling a delinquent loan. A
- Forestal products: means saw timber, pulpwood, posts, firewood, Christmas trees, and other tree and wood products for sale or for farm use. See Virginia Code 3.2-303
- 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
- Fraud: Intentional deception resulting in injury to another.
- 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
- Fund: means the Virginia Airports Revolving Fund created by this chapter. See Virginia Code 5.1-30.1
- Fund: means the Governor's Agriculture and Forestry Industries Development Fund established pursuant to § Virginia Code 3.2-303
- Gaming expenses: means prizes, supplies, costs of publicizing gaming activities, audit and administration or permit fees, and a portion of the rent, utilities, accounting and legal fees, and such other reasonable and proper expenses as are directly incurred for the conduct of charitable gaming. See Virginia Code 18.2-340.16
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- General power of appointment: means a power of appointment exercisable in favor of a powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate. See Virginia Code 64.2-701
- General power of appointment: means a power of appointment exercisable in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate. See Virginia Code 64.2-2700
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Gift: means anything of value, including any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value, and includes services as well as gifts of transportation, local travel, lodgings, and meals, whether provided in-kind or by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred. See Virginia Code 2.2-419
- Gift-in-default clause: means a clause in the instrument creating the power identifying a taker in default of appointment. See Virginia Code 64.2-2700
- Governing body: means the board of supervisors of a county, council of a city, or council of a town, as the context may require. See Virginia Code 15.2-102
- Governing instrument: means a deed, will, trust, insurance or annuity policy, account with POD designation, security registered in beneficiary form (TOD), or pension, profit-sharing, retirement, or similar benefit plan; instrument creating or exercising a power of appointment or a power of attorney; or a donative, appointive, or nominative instrument of any other type. See Virginia Code 64.2-2200
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Grantor: The person who establishes a trust and places property into it.
- Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
- Gross receipts: means the total amount of money generated by an organization from charitable gaming before the deduction of expenses, including prizes. See Virginia Code 18.2-340.16
- 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.
- Guardian: means a person appointed or qualified by a court as a guardian of a person, including a limited guardian, but not a person who is only a guardian ad litem. See Virginia Code 64.2-900
- Guardian: means a person appointed by the court to make decisions regarding the support, care, education, health, and welfare of a minor or adult individual. See Virginia Code 64.2-701
- Guardian: includes a limited guardian. See Virginia Code 64.2-116
- Guardian of the estate: means a person appointed by the court to administer the estate of a minor. See Virginia Code 64.2-701
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Harmful to juveniles: means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it (a) predominantly appeals to the prurient, shameful or morbid interest of juveniles, (b) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for juveniles, and (c) is, when taken as a whole, lacking in serious literary, artistic, political or scientific value for juveniles. See Virginia Code 18.2-390
- Health authorities: include the Board of Health, the Office of Dairy and Foods in the Department, and the local health authorities. See Virginia Code 3.2-3200
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Heirs: means those persons, including the surviving spouse, who are entitled under the laws of intestate succession to the property of a decedent. See Virginia Code 64.2-612
- Immediate family: means (i) the spouse and (ii) any other person who resides in the same household as the executive or legislative official and who is a dependent of the official. See Virginia Code 2.2-419
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- Impermissible appointee: means a person that is not a permissible appointee. See Virginia Code 64.2-2700
- Incapacitated: means lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority, or other disabling cause. See Virginia Code 64.2-900
- Includes: means includes, but not limited to. See Virginia Code 1-218
- Income: includes a part of receipts from a sale, exchange, or liquidation of a principal asset, to the extent provided in Articles 4 (§ Source: OCC
- Interests of the beneficiaries: means the beneficial interests provided in the terms of the trust. See Virginia Code 64.2-701
- International will: means a will executed in conformity with §§ Virginia Code 64.2-433
- 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.
- Intestate: Dying without leaving a will.
- Intractable behavior: means behavior that, in the determination of the Department of Corrections, (i) indicates an inmate's unwillingness or inability to conform his behavior to that necessary to his successful completion of the program or (ii) is so disruptive as to threaten the successful completion of the program by other participants. See Virginia Code 19.2-316.4
- Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
- Jackpot: means a bingo game that the organization has designated on its game program as a jackpot game in which the prize amount is greater than $100. See Virginia Code 18.2-340.16
- Joint owner: includes a joint tenant with the right of survivorship and tenant by the entirety with the right of survivorship. See Virginia Code 64.2-621
- Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
- Judge: means any judge, associate judge or substitute judge of any court or any magistrate. See Virginia Code 19.2-5
- Judicial officer: means , unless otherwise indicated, any magistrate serving the jurisdiction, any judge of a district court and the clerk or deputy clerk of any district court or circuit court within their respective cities and counties, any judge of a circuit court, any judge of the Court of Appeals and any justice of the Supreme Court of Virginia. See Virginia Code 19.2-119
- Juror: A person who is on the jury.
- Jury instructions: A judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply. Source: U.S. Courts
- Juvenile: means a person less than 18 years of age. See Virginia Code 18.2-390
- Knowingly: means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both (a) the character and content of any material described herein which is reasonably susceptible of examination by the defendant, and (b) the age of the juvenile, provided however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such juvenile. See Virginia Code 18.2-390
- landing field: means any locality, whether over land or water, including airports and intermediate landing fields, which is used or intended to be used for the landing and takeoff of aircraft and open to the public for such use, whether or not facilities are provided for the sheltering, servicing, or repair of aircraft or for receiving or discharging passengers or cargo. See Virginia Code 5.1-1
- Landlord: means any person or his agent, firm, association, organization, partnership, or corporation, employee, or immediate family member thereof, which owns and leases, or leases any premises devoted in whole or in part to the conduct of bingo games or other charitable gaming pursuant to this article, and any person residing in the same household as a landlord. See Virginia Code 18.2-340.16
- Law-enforcement officer: means any officer as defined in § Virginia Code 18.2-433.1
- 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
- Legacy: A gift of property made by will.
- Legal representative: means a personal representative or conservator. See Virginia Code 64.2-900
- Legatee: A beneficiary of a decedent
- Legislative action: means :
1. See Virginia Code 2.2-419
- Legislative official: means :
1. See Virginia Code 2.2-419
- Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
- Lessee: means the person renting a box from a company. See Virginia Code 6.2-2300
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Licensed: means the holding of a valid license granted by the Authority. See Virginia Code 4.1-100
- Licensee: means any person to whom a license has been granted by the Authority. See Virginia Code 4.1-100
- Licensee: means a person to whom a license has been issued under this chapter. See Virginia Code 6.2-2200
- Lien: A claim against real or personal property in satisfaction of a debt.
- Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
- like unit: means the consolidation of (i) two or more counties into a consolidated county, (ii) two or more cities into a consolidated city or (iii) two or more towns into a consolidated town. See Virginia Code 15.2-3500
- Liquefied petroleum gas: means any material that is composed predominately of any of the following hydrocarbons or mixtures of the same: propane, propylene, butanes (normal butane and isobutane) and butylenes. See Virginia Code 18.2-493
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Lobbying: means :
1. See Virginia Code 2.2-419
- Lobbyist: means :
1. See Virginia Code 2.2-419
- local government: shall be construed to mean a county, city, or town as the context may require. See Virginia Code 15.2-102
- Local government: means :
1. See Virginia Code 2.2-419
- Local Grant Program: means the Local Food and Farming Infrastructure Grant Program established pursuant to § Virginia Code 3.2-303
- Majority leader: see Floor Leaders
- Management: means the provision of oversight of a gaming operation, which may include the responsibilities of applying for and maintaining a permit or authorization, compiling, submitting, and maintaining required records and financial reports, and ensuring that all aspects of the operation are in compliance with all applicable statutes and regulations. See Virginia Code 18.2-340.16
- Mandatory income interest: means the right of a current income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute. See Virginia Code 64.2-1033
- Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
- Market: means any locality, or two or more localities, and surrounding territory designated by the Commission as a marketing area. See Virginia Code 3.2-3200
- measures: includes : (i) agricultural water quality protection management measures described in the Virginia Agricultural Best Management Practices Manual; and (ii) agricultural water quality protection management measures contained in the U. See Virginia Code 3.2-400
- Member: means any person included in the membership of the retirement system as provided in this chapter. See Virginia Code 51.1-201
- Member: means a member of the Apple Board. See Virginia Code 3.2-1200
- Milk: means the clean lacteal secretion obtained by the complete milking of one or more healthy cows properly fed, housed, and kept; including milk that is cooled, pasteurized, standardized, or otherwise processed with a view to selling. See Virginia Code 3.2-3200
- Minority leader: See Floor Leaders
- Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
- Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Motor vehicle: means an automobile, motorcycle, mobile home, truck, van, or other vehicle operated on public highways and streets. See Virginia Code 6.2-2200
- National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
- Net income: includes an adjustment from principal to income under § Virginia Code 51.1-201
- notary: means any person commissioned to perform official acts under the title, and includes an electronic notary except where expressly provided otherwise. See Virginia Code 47.1-2
- Notary: means notary public. See Virginia Code 1-226
- Nudity: means a state of undress so as to expose the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered or uncovered male genitals in a discernibly turgid state. See Virginia Code 18.2-390
- Oath: A promise to tell the truth.
- Oath: includes affirmation. See Virginia Code 1-228
- 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.
- Office: means the Office of the State Inspector General. See Virginia Code 2.2-307
- Official misconduct: means any violation of this title by a notary, whether committed knowingly, willfully, recklessly or negligently. See Virginia Code 47.1-2
- Online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See Virginia Code 64.2-116
- Operation: means the activities associated with production of a charitable gaming or electronic gaming activity, which may include (i) the direct on-site supervision of the conduct of charitable gaming and electronic gaming; (ii) coordination of volunteers; and (iii) all responsibilities of charitable gaming and electronic gaming designated by the organization's management. See Virginia Code 18.2-340.16
- Operator: means any person who exercises managerial control over any agricultural activity. See Virginia Code 3.2-400
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- Organization: means any one of the following:
1. See Virginia Code 18.2-340.16
- Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
- Oversight: Committee review of the activities of a Federal agency or program.
- Owner: means any person who owns land where an agricultural activity occurs. See Virginia Code 3.2-400
- Owner: means any person who holds a written bill of sale under which title or ownership to a container was transferred to such person, or any manufacturer of a container who has not sold or transferred ownership thereof by written bill of sale. See Virginia Code 18.2-493
- Pari-mutuel play: means an integrated network operated by a licensee of the Department comprised of participating charitable organizations for the conduct of network bingo games in which the purchase of a network bingo card by a player automatically includes the player in a pool with all other players in the network, and where the prize to the winning player is awarded based on a percentage of the total amount of network bingo cards sold in a particular network. See Virginia Code 18.2-340.16
- 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.
- Payor: means a trustee, insurer, business entity, employer, government, governmental agency, subdivision, or instrumentality, or any other person authorized or obligated by law or a governing instrument to make payments. See Virginia Code 64.2-2200
- Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
- Permissible appointee: means a person in whose favor a powerholder may exercise a power of appointment. See Virginia Code 64.2-2700
- permit: means a permit issued by the Department to an organization that authorizes such organization to conduct charitable gaming, and if such organization is qualified as a social organization, electronic gaming. See Virginia Code 18.2-340.16
- Person: means any individual, corporation, government, political subdivision of the Commonwealth, or governmental subdivision or agency, business trust, estate, trust, partnership, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. See Virginia Code 5.1-1
- Person: means a natural person, corporation, partnership, trust, agency or other entity as well as the individual officers, directors or other persons in active control of the activities of each such entity. See Virginia Code 4.1-401
- Person: means a natural person, corporation, partnership, trust, agency, or other entity as well as the individual officers, directors or other persons in active control of the activities of each such entity. See Virginia Code 4.1-500
- Person: means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, or other legal or commercial entity. See Virginia Code 6.2-2200
- Person: means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, or any other legal or commercial entity. See Virginia Code 64.2-900
- Person: means any accused, or any juvenile taken into custody pursuant to § Virginia Code 19.2-119
- Person: means any person, firm, or corporation. See Virginia Code 18.2-493
- Person: includes any natural person, any trust or association of persons, formal or otherwise, or any corporation, partnership, company or other legal or commercial entity. See Virginia Code 18.2-498.2
- person: is a ny person, firm, corporation, partnership or association. See Virginia Code 18.2-501
- person: means any individual, partnership, corporation or association. See Virginia Code 18.2-506
- Person: means an individual; estate; business or nonprofit entity; government; governmental subdivision, agency, or instrumentality; public corporation; or other legal entity. See Virginia Code 64.2-701
- Person: means an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Virginia Code 64.2-1033
- Person: means an individual; estate; trust; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity. See Virginia Code 64.2-2700
- Person: means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity. See Virginia Code 64.2-116
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Virginia Code 64.2-621
- Person: means an individual, proprietorship, firm, partnership, joint venture, joint stock company, syndicate, business trust, estate, company, corporation, association, club, committee, organization, or group of persons acting in concert. See Virginia Code 2.2-419
- person authorized to act in connection with international wills: means a person who by § Virginia Code 64.2-433
- Personal estate: includes chattels real and such other estate as, upon the death of the owner intestate, would devolve upon his personal representative. See Virginia Code 1-233
- Personal property: All property that is not real property.
- Personal representative: means an executor, administrator, or special administrator of a decedent's estate, a person legally authorized to perform substantially the same functions, or a successor to any of them. See Virginia Code 64.2-900
- Personal representative: includes the executor under a will or the administrator of the estate of a decedent, the administrator of such estate with the will annexed, the administrator of such estate unadministered by a former representative, whether there is a will or not, any person who is under the order of a circuit court to take into his possession the estate of a decedent for administration, and every other curator of a decedent's estate, for or against whom suits may be brought for causes of action that accrued to or against the decedent. See Virginia Code 64.2-100
- Personal representative: means an executor, administrator, successor personal representative, special administrator, or person that performs substantially the same function with respect to an estate under the law governing the person's status. See Virginia Code 64.2-1033
- Personal representative: means an executor, administrator, curator, designated successor or successor under the Virginia Small Estate Act (§ Virginia Code 64.2-116
- Personal representative: includes an executor, administrator, successor, personal representative, special administrator, and a person who performs substantially the same function under the law governing his status. See Virginia Code 64.2-612
- Personal representative: includes the executor of a will or the administrator of the estate of a decedent, the administrator of such estate with the will annexed, the administrator of such estate unadministered by a former representative, whether there is a will or not, any person who is under the order of a circuit court to take into his possession the estate of a decedent for administration, and every other curator of a decedent's estate, for or against whom suits may be brought for causes of action that accrued to or against the decedent. See Virginia Code 1-234
- Plaintiff: The person who files the complaint in a civil lawsuit.
- plan: means a site-specific plan for an agricultural activity to manage, through use of stewardship measures, one or more of the following: soil, water, plants, plant nutrients, pest controls, wastes, and animals. See Virginia Code 3.2-400
- Planning Grant Program: means the Agriculture and Forestry Industries Development Planning Grant Program established pursuant to § Virginia Code 3.2-303
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Pollution: means any alteration of the physical, chemical, or biological properties of any state waters resulting from sedimentation, nutrients, or toxins. See Virginia Code 3.2-400
- Power of appointment: means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. See Virginia Code 64.2-701
- Power of appointment: means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. See Virginia Code 64.2-2700
- power of appointment: includes a power to designate the beneficiary of a beneficiary designation. See Virginia Code 64.2-308.1
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Power of attorney: means a record that grants an agent authority to act in the place of a principal. See Virginia Code 64.2-116
- Power of direction: means a power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee. See Virginia Code 64.2-701
- Power of withdrawal: means a presently exercisable general power of appointment other than a power exercisable by a trustee that is limited by an ascertainable standard, or that is exercisable by another person only upon consent of the trustee or a person holding an adverse interest. See Virginia Code 64.2-701
- Powerholder: means a person in which a donor creates a power of appointment. See Virginia Code 64.2-701
- Powerholder: means a person in which a donor creates a power of appointment. See Virginia Code 64.2-2700
- Pre-planning: means a process meant to obtain a more detailed definition and cost estimate of a project. See Virginia Code 2.2-1515
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- prepare: means to put into condition for intended use. See Virginia Code 18.2-506
- Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
- Presently exercisable general power of appointment: means a power of appointment under which, at the time in question, the decedent, whether or not he then had the capacity to exercise the power, held a power to create a present or future interest in himself, his creditors, his estate, or creditors of his estate, and includes a power to revoke or invade the principal of a trust or other property arrangement. See Virginia Code 64.2-308.1
- Presently exercisable power of appointment: includes a power of appointment exercisable only after the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified time, only after (i) the occurrence of the specified event, (ii) the satisfaction of the ascertainable standard, or (iii) the passage of the specified time. See Virginia Code 64.2-701
- President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
- Prevailing average wage: means that amount determined by the Virginia Employment Commission to be the average wage paid workers in the city or county of the Commonwealth where the economic development project is located. See Virginia Code 3.2-303
- Principal: means any person who, directly or indirectly, owns or controls (i) 10 percent or more of the outstanding stock of a stock corporation or (ii) a 10 percent or greater interest in any other type of entity. See Virginia Code 6.2-2200
- Principal: means property held in trust for distribution to, production of income for, or use by a current or successor beneficiary. See Virginia Code 64.2-1033
- Principal: means an individual who grants authority to an agent in a power of attorney. See Virginia Code 64.2-116
- principal: means the entity on whose behalf the lobbyist influences or attempts to influence executive or legislative action. See Virginia Code 2.2-419
- Private investment: means the private investment required under this chapter. See Virginia Code 3.2-303
- Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probate: Proving a will
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Producer: means any person, regardless of whether they are also a distributor, who produces milk for sale as fluid milk in the Commonwealth. See Virginia Code 3.2-3200
- Producer: means any person who, in a calendar year, grows or causes to be grown within the Commonwealth, for sale, a minimum of 5,000 tree run bushels of apples. See Virginia Code 3.2-1200
- Project: means a capital outlay project included in the six-year capital outlay plan described in § Virginia Code 2.2-1515
- Property: means anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest therein. See Virginia Code 64.2-701
- property: shall include insurance policies, retirement benefits exclusive of federal social security benefits, annuities, pension plans, deferred compensation arrangements, and employee benefit plans to the extent owned by, vested in, or subject to the control of the decedent on the date of his death or the date of an irrevocable transfer by him during his lifetime. See Virginia Code 64.2-300
- Property: includes values subject to a beneficiary designation. See Virginia Code 64.2-308.1
- Property: includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Virginia Code 64.2-612
- Property: means an interest in real property located in the Commonwealth that is transferable on the death of the owner. See Virginia Code 64.2-621
- Proposed species: means any candidate species authorized by the Board for consideration for listing as threatened or endangered under the provisions of this chapter. See Virginia Code 3.2-1000
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Protected person: includes an individual for whom an application for the appointment of a conservator or guardian is pending. See Virginia Code 64.2-116
- provider: means a person that extends a specific offer of sales-based financing to a recipient. See Virginia Code 6.2-2228
- Public aircraft: includes any fighter or attack jet that is leased or owned by a private entity, provided that the aircraft operations are conducted exclusively for the purpose of military combat training in service to the federal government. See Virginia Code 5.1-1
- Public body: includes any committee, subcommittee, or other entity however designated of the public body or formed to advise the public body, including those with private sector or citizen members and corporations organized by the Virginia Retirement System. See Virginia Code 2.2-5514
- Public corporation: means the Commonwealth of Virginia or any political subdivision thereof or any incorporated municipality therein or any public agency of the Commonwealth or of any political subdivision thereof or of any municipality therein. See Virginia Code 1-219.1
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- Public facilities: means (i) airports, landing fields, and air navigation facilities; (ii) educational facilities; (iii) flood control, bank and shore protection, watershed protection, and dams; (iv) hospital facilities; (v) judicial and court facilities; (vi) correctional facilities, including jails and penitentiaries; (vii) library facilities; (viii) military installations; (ix) parks so designated by the Commonwealth or by the locality in its comprehensive plan; (x) properties of historical significance so designated by the Commonwealth; (xi) law enforcement, fire, emergency medical, and rescue facilities; (xii) sanitary sewer, water or stormwater facilities; (xiii) transportation facilities including highways, roads, streets, and bridges, traffic signals, related easements and rights-of-way, mass transit, ports, and any components of federal, state, or local transportation facilities; (xiv) waste management facilities for hazardous, radioactive, or other waste; (xv) office facilities occupied by a public corporation; and (xvi) such other facilities that are necessary to the construction, maintenance, or operation of a public facility as listed in clauses (i) through (xv) and directly related thereto. See Virginia Code 1-219.1
- Purchase: includes , but is not limited to, the sale of stock, sale of assets, merger, lease, transfer or consolidation. See Virginia Code 4.1-401
- Purchase: includes , but is not limited to, the sale of stock, sale of assets, merger, lease, transfer or consolidation. See Virginia Code 4.1-500
- Qualified beneficiary: means a beneficiary who, on the date the beneficiary's qualification is determined, (i) is a distributee or permissible distributee of trust income or principal; (ii) would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in clause (i) terminated on that date without causing the trust to terminate; or (iii) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date. See Virginia Code 64.2-701
- Qualified interest: means a settlor's interest in a qualified self-settled spendthrift trust, to the extent that such interest entitles the settlor to receive distributions of income, principal, or both, in the sole discretion of an independent qualified trustee. See Virginia Code 64.2-745.2
- Qualified organization: means any organization to which a valid permit has been issued by the Department to conduct charitable gaming or any organization that is exempt pursuant to § Virginia Code 18.2-340.16
- Qualified self-settled spendthrift trust: means a trust if:
1. See Virginia Code 64.2-745.2
- Qualified trustee: means any person who is a natural person residing within the Commonwealth or a legal entity authorized to engage in trust business within the Commonwealth and who maintains or arranges for custody within the Commonwealth of some or all of the property that has been transferred to the trust by the settlor, maintains records within the Commonwealth for the trust on an exclusive or nonexclusive basis, prepares or arranges for the preparation within the Commonwealth of fiduciary income tax returns for the trust, or otherwise materially participates within the Commonwealth in the administration of the trust. See Virginia Code 64.2-745.2
- Qualifying criminal activity: means any activity, regardless of the stage of detection, investigation, or prosecution, designated in Virginia Code 9.1-1500
- Qualifying emergency: means (i) a state of emergency as declared by the Governor pursuant to Virginia Code 18.2-493
- Qualifying offense: means a conviction or adjudication of delinquency for any violation of § Virginia Code 19.2-327.15
- Quorum: The number of legislators that must be present to do business.
- Raffle: means a lottery in which the prize is won by (i) a random drawing of the name or prearranged number of one or more persons purchasing chances or (ii) a random contest in which the winning name or preassigned number of one or more persons purchasing chances is determined by a race involving inanimate objects floating on a body of water, commonly referred to as a "duck race. See Virginia Code 18.2-340.16
- real estate: includes lands, tenements and hereditaments, and all rights and appurtenances thereto and interests therein, other than a chattel interest. See Virginia Code 1-219
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Reasonable and proper business expenses: means business expenses actually incurred by a qualified organization in the conduct of charitable gaming and not otherwise allowed under this article or under Department regulations on real estate and personal property tax payments, travel expenses, payments of utilities and trash collection services, legal and accounting fees, costs of business furniture, fixtures and office equipment and costs of acquisition, maintenance, repair, or construction of an organization's real property. See Virginia Code 18.2-340.16
- Reasonably definite standard: means a clearly measurable standard under which a holder of a power of distribution is legally accountable within the meaning of § 674(b)(5)(A) of the Internal Revenue Code of 1986 and any applicable regulations. See Virginia Code 64.2-701
- Recess: A temporary interruption of the legislative business.
- Recipient: means a person whose principal place of business is in the Commonwealth and that applies for sales-based financing and is made a specific offer of sales-based financing by a provider. See Virginia Code 6.2-2228
- Recognizance: means a signed commitment by a person to appear in court as directed and to adhere to any other terms ordered by an appropriate judicial officer as a condition of bail. See Virginia Code 19.2-119
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Virginia Code 64.2-701
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Virginia Code 64.2-1033
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Virginia Code 64.2-2700
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Virginia Code 64.2-116
- Registering entity: means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities. See Virginia Code 64.2-612
- 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.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Remote computing service: means a custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system, as defined in Virginia Code 64.2-116
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Retirement system: means the State Police Officers' Retirement System. See Virginia Code 51.1-201
- Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
- Sadomasochistic abuse: means actual or explicitly simulated flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. See Virginia Code 18.2-390
- safe deposit box: means any safe or box that is available for rent within the vaults of a company. See Virginia Code 6.2-2300
- sales territory: means the area of primary sales responsibility within the Commonwealth expressly or implicitly designated by any agreement between any wine wholesaler and winery for the brand or brands of any winery. See Virginia Code 4.1-401
- sales territory: means the area of sales responsibility within the Commonwealth expressly or impliedly designated by any agreement between any beer wholesaler and brewery for the brand or brands of any brewer. See Virginia Code 4.1-500
- Sales-based financing: means a transaction that is repaid by the recipient to the provider, over time, as a percentage of sales or revenue, in which the payment amount may increase or decrease according to the volume of sales made or revenue received by the recipient. See Virginia Code 6.2-2228
- Seal: means a device for affixing on a paper document an image containing the notary's name and other information related to the notary's commission. See Virginia Code 47.1-2
- seal cards: means specific games of chance played by the random selection of one or more individually prepacked cards with winners being determined by the preprinted or predetermined appearance of concealed letters, numbers, or symbols that must be exposed by the player to determine wins and losses and may include the use of a seal card that conceals one or more numbers or symbols that have been designated in advance as prize winners. See Virginia Code 18.2-340.16
- Second trust: means (i) a first trust after modification, including a restatement of the first trust, under the Uniform Trust Decanting Act (§ Virginia Code 64.2-701
- Second-trust instrument: means the trust instrument for a second trust. See Virginia Code 64.2-701
- Secretary: means the Secretary of the Commonwealth. See Virginia Code 47.1-2
- Secretary: means the Secretary of the Commonwealth. See Virginia Code 2.2-419
- Security: means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account. See Virginia Code 64.2-612
- Security account: means (i) a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death, or (ii) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death. See Virginia Code 64.2-612
- sell: includes soliciting or receiving an order for; keeping, offering or exposing for sale; peddling, exchanging or bartering; or delivering otherwise than gratuitously, by any means, alcoholic beverages. See Virginia Code 4.1-100
- Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
- Service of process: The service of writs or summonses to the appropriate party.
- Service-connected: means , with respect to disability, that such disability was incurred or aggravated in the line of duty in the active military, naval, or air service. See Virginia Code 2.2-2000.1
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Settlor: except as otherwise provided in § Virginia Code 64.2-701
- Sexual conduct: means actual or explicitly simulated acts of masturbation, sexual intercourse, or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such be female, breast. See Virginia Code 18.2-390
- Sexual excitement: means the condition of human male or female genitals when in a state of sexual stimulation or arousal. See Virginia Code 18.2-390
- Sign: means , with present intent to authenticate or adopt a record, (i) to execute or adopt a tangible symbol or (ii) to attach to or logically associate with the record an electronic symbol, sound, or process. See Virginia Code 64.2-701
- Social organization: means any qualified organization that provides certification to the Department that it is:
1. See Virginia Code 18.2-340.16
- Social quarters: means , in addition to any specifications prescribed by the Department, an area at a social organization's primary location that (i) such organization designates to be used predominantly by its members for social and recreational activities, (ii) is accessible exclusively to members of the social organization and their guests, and (iii) is not advertised or open to the general public. See Virginia Code 18.2-340.16
- Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
- Special tax benefit: means :
1. See Virginia Code 64.2-1033
- Species: includes any species or variety of plant life or insects. See Virginia Code 3.2-1000
- Specific offer: means the specific terms of sales-based financing, including price or amount, that are quoted to a recipient, based on information obtained from or about the recipient, which, if accepted by a recipient, shall be binding on the provider, as applicable, subject to any specific requirements stated in such terms. See Virginia Code 6.2-2228
- Specific-exercise clause: means a clause in an instrument which specifically refers to and exercises a particular power of appointment. See Virginia Code 64.2-2700
- Spendthrift provision: means a term of a trust that restrains both voluntary and involuntary transfer of a beneficiary's interest. See Virginia Code 64.2-701
- State: includes any state, territory, or possession of the United States. See Virginia Code 47.1-2
- State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See Virginia Code 64.2-900
- state: shall include any territory of the United States and the District of Columbia. See Virginia Code 19.2-272
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Virginia Code 64.2-701
- State agency: means any agency, institution, board, bureau, commission, council, or instrumentality of state government in the executive branch listed in the appropriation act. See Virginia Code 2.2-307
- state agency: means the same as that term is defined in § Virginia Code 1-206
- State waters: means all water, on the surface or in the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction. See Virginia Code 3.2-400
- Statute: A law passed by a legislature.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
- Subsidiary: means any person that a distributor or an affiliate of a distributor has, or several distributors collectively have, either directly or indirectly, actual or legal control, whether by stock ownership or in any other manner. See Virginia Code 3.2-3200
- Successive interest: means the interest of a successor beneficiary. See Virginia Code 64.2-1033
- Successor beneficiary: means a person entitled to receive income or principal or to use property when an income interest or other current interest ends. See Virginia Code 64.2-1033
- Summons: Another word for subpoena used by the criminal justice system.
- summons: shall include a subpoena (both subpoena ad testificandum and subpoena duces tecum), order or other notice requiring the appearance of a witness or production of documents. See Virginia Code 19.2-272
- Supplier: means any person who offers to sell, sells, or otherwise provides charitable gaming supplies to any qualified organization. See Virginia Code 18.2-340.16
- Supreme Court: means the Supreme Court of Virginia. See Virginia Code 1-249
- Surviving brewery: means a brewery which purchases a nonsurviving brewery as provided in § Virginia Code 4.1-500
- Surviving winery: means the winery which purchases a nonsurviving winery as provided in § Virginia Code 4.1-401
- sworn: means "affirm" or "affirmed. See Virginia Code 1-250
- Take: means , in reference to plants and insects, to collect, pick, cut, or dig up for the purpose of resale. See Virginia Code 3.2-1000
- Taker in default of appointment: means a person that takes all or part of the appointive property to the extent that the powerholder does not effectively exercise the power of appointment. See Virginia Code 64.2-2700
- 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.
- Terms of a trust: means :
1. See Virginia Code 64.2-701
- Terms of a trust: means :
1. See Virginia Code 64.2-1033
- Terms of the instrument: means the manifestation of the intent of the maker of the instrument regarding the instrument's provisions as expressed in the instrument or as may be established by other evidence that would be admissible in a legal proceeding. See Virginia Code 64.2-2700
- Terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See Virginia Code 64.2-116
- Testate: To die leaving a will.
- Testator: A male person who leaves a will at death.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Threatened species: means any species determined by the Board to be likely to become an endangered species within the foreseeable future throughout all or a significant portion of its native range. See Virginia Code 3.2-1000
- Tier-city: means an incorporated community within a consolidated county that (i) has within defined boundaries a population of 5,000 or more, (ii) has been designated as a tier-city by the General Assembly, and (iii) has both the powers of a town and such additional powers as may be granted tier-cities by the General Assembly. See Virginia Code 1-252
- title loan: means a loan secured by a non-purchase money security interest in a motor vehicle. See Virginia Code 6.2-2200
- 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.
- tournament: means an organized competition of players (i) who pay a fixed fee for entry into the competition and for a certain amount of poker chips for use in the competition; (ii) who may be allowed to pay an additional fee, during set preannounced times of the competition, to receive additional poker chips for use in the competition; (iii) who may be seated at one or more tables simultaneously playing Texas Hold'em poker games; (iv) who upon running out of poker chips are eliminated from the competition; and (v) a pre-set number of whom are awarded prizes of value according to how long such players remain in the competition. See Virginia Code 18.2-340.16
- Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July one, nineteen hundred seventy-one, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 15.2-102
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Transfer on death deed: means a deed or conveyance of a cooperative interest authorized under this article. See Virginia Code 64.2-621
- Transferor: means a person who creates a custodial trust by transfer or declaration. See Virginia Code 64.2-900
- Transferor: means an individual who makes a transfer on death deed. See Virginia Code 64.2-621
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- True bill: Another word for indictment.
- Trust: includes all trusts described in § Virginia Code 64.2-1033
- Trust: includes the assets under the control or management of the trustee. See Virginia Code 64.2-780
- Trust company: means a financial institution, corporation, or other legal entity authorized to exercise general trust powers. See Virginia Code 64.2-900
- Trust director: means a person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee. See Virginia Code 64.2-701
- Trust instrument: means a record executed by the settlor to create a trust or by any person to create a second trust that contains some or all of the terms of the trust, including any amendments. See Virginia Code 64.2-701
- Trustee: A person or institution holding and administering property in trust.
- Trustee: means a trustee under a probated will or an inter vivos trust instrument. See Virginia Code 64.2-100
- Trustee: includes an original, additional, and successor trustee and a cotrustee. See Virginia Code 64.2-701
- Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See Virginia Code 64.2-1033
- Trustee: includes a successor trustee. See Virginia Code 64.2-116
- Trustee: includes any fiduciary as defined in § Virginia Code 64.2-780
- 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
- Unitrust: includes an express unitrust. See Virginia Code 64.2-1039
- Unitrust amount: means an amount computed by multiplying a determined value of a trust by a determined percentage. See Virginia Code 64.2-1039
- Unitrust policy: means a policy described in §§