Terms Used In Virginia Code > Title 8.9A > Part 8 - Transition Provisions for 2013 Amendments

• Adult: means a person 18 years of age or more. See Virginia Code 1-203
• Advisory Council: means the Electric Vehicle Rebate Program Advisory Council. See Virginia Code 45.2-1726
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• 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
• 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 Offshore Wind Development Authority established pursuant to Article 2 (§ Virginia Code 45.2-1800
• Authority: means the Southwest Virginia Energy Research and Development Authority established pursuant to this article. See Virginia Code 45.2-1717
• Authorized delegate: means a person designated or appointed by a licensee to sell money orders or provide money transmission services on behalf of the licensee. See Virginia Code 6.2-1900
• 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.
• Base price: means the manufacturer's base price for the lowest price trim level of the model and shall not include charges for optional equipment, taxes, title, or registration fees. See Virginia Code 45.2-1726
• Battlefield preservation organization: means a private nonprofit organization whose primary purpose is the preservation of one or more historical battlefields, including a battlefield property as defined in § Virginia Code 10.1-2300
• Battlefield property: means any real property in the Commonwealth that is listed in the Report on the Nation's Civil War Battlefields by the Civil War Sites Advisory Commission (Civil War Sites Advisory Commission/National Park Service, 1993, as amended); the Report to Congress on the Historic Preservation of Revolutionary War and War of 1812 Sites in the United States by the American Battlefield Protection Program of the National Park Service (U. See Virginia Code 10.1-2200
• 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}
• Board: means the Board of Historic Resources. See Virginia Code 10.1-2200
• Board of supervisors: means the governing body of a county. See Virginia Code 15.2-102
• Business: means any type of corporation, partnership, limited liability company, association, or sole proprietorship operated for profit. See Virginia Code 2.2-4301
• Commission: means the Judicial Inquiry and Review Commission provided for in Article VI, § 10 of the Constitution of Virginia. See Virginia Code 17.1-900
• Commission: means the State Corporation Commission. See Virginia Code 6.2-100
• 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.
• Consortium: means the Virginia Coastal Energy Research Consortium established pursuant to Article 5 (§ Virginia Code 45.2-1700
• Construction: means building, altering, repairing, improving or demolishing any structure, building or highway, and any draining, dredging, excavation, grading or similar work upon real property. See Virginia Code 2.2-4301
• Council: means the governing body of a city or town. See Virginia Code 15.2-102
• Counterclaim: A claim that a defendant makes against a plaintiff.
• County: means any existing county or such unit hereafter created. See Virginia Code 15.2-102
• Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
• Court reporter: means a person who records legal proceedings by stenotype machine or other means allowed under the Rules of Supreme Court of Virginia and provides prompt preparation of an accurate, verbatim written transcript. See Virginia Code 17.1-1000
• Court reporting services: means services provided by a court reporter and associated videography services. See Virginia Code 17.1-1000
• Court reporting services provider: means a business, entity, or firm that provides or arranges for court reporting services. See Virginia Code 17.1-1000
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means a motor vehicle dealer licensed pursuant to Chapter 15 of Title 46. See Virginia Code 45.2-1726
• Decedent: A deceased person.
• Department: means the Department of Historic Resources. See Virginia Code 10.1-2200
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Developer: means any private developer of an offshore wind energy project. See Virginia Code 45.2-1803
• Director: means the Director of the Department of Historic Resources. See Virginia Code 10.1-2200
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: means the Division of Offshore Wind in the Department as established pursuant to § Virginia Code 45.2-1800
• Donee: The recipient of a gift.
• Electric motor vehicle: includes fuel cell electric vehicles. See Virginia Code 45.2-1726
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• 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
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Fiduciary: A trustee, executor, or administrator.
• Fiduciary: includes a guardian, committee, trustee, executor, conservator, or personal representative. See Virginia Code 64.2-100
• Field investigation: means the study of the traces of human culture at any site by means of surveying, sampling, excavating, or removing surface or subsurface material, or going on a site with that intent. See Virginia Code 10.1-2300
• Field supervisor: means a person who is physically present at least 70 percent of the time during a field investigation, exploration, or recovery operation involving the removal, destruction, or disturbance of any object of antiquity and who directly oversees such field investigation, exploration, or recovery operation. See Virginia Code 10.1-2300
• 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.
• 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 Electric Vehicle Rebate Program Fund. See Virginia Code 45.2-1726
• 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
• Goods: means all material, equipment, supplies, printing, and automated data processing hardware and software. See Virginia Code 2.2-4301
• 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
• Includes: means includes, but not limited to. See Virginia Code 1-218
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inter vivos: Transfer of property from one living person to another living person.
• Legal proceeding: includes a court proceeding, a deposition, an administrative hearing, an arbitration hearing, an examination under oath, and a sworn statement. See Virginia Code 17.1-1000
• Licensee: means a person to whom a license has been issued under this chapter. See Virginia Code 6.2-1800
• Licensee: means a person licensed under this chapter to engage in the business of selling money orders or the business of money transmission, or both. See Virginia Code 6.2-1900
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• local government: shall be construed to mean a county, city, or town as the context may require. See Virginia Code 15.2-102
• Monetary value: means a medium of exchange, whether or not redeemable in money. See Virginia Code 6.2-1900
• Money order: means a check, traveler's check, draft, or other instrument for the transmission or payment of money or monetary value whether or not negotiable. See Virginia Code 6.2-1900
• Money transmission: means receiving money or monetary value for transmission by wire, facsimile, electronic means or other means or selling or issuing stored value. See Virginia Code 6.2-1900
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nonlegislative citizen member: means any natural person who is not a member of the General Assembly of Virginia. See Virginia Code 1-225
• Notary: means notary public. See Virginia Code 1-226
• Object of antiquity: means any relic, artifact, remain, including human skeletal remains, specimen, or other archaeological article that may be found on, in, or below the surface of the earth that has historic, scientific, archaeologic, or educational value. See Virginia Code 10.1-2300
• Offshore wind energy project: means a wind-powered electric energy facility, including tower, turbine, and associated equipment, located off the coast of the Commonwealth beyond the Commonwealth's three-mile jurisdictional limit, and includes interests in land, improvements, and ancillary facilities. See Virginia Code 45.2-1803
• Oversight: Committee review of the activities of a Federal agency or program.
• Participating dealer: means a dealer who is participating in the Program. See Virginia Code 45.2-1726
• 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.
• Payment date: means either (i) the date on which payment is due under the terms of a contract for provision of goods or services or (ii) if such date has not been established by contract, (a) 30 days after receipt of a proper invoice by the state agency or its agent or 45 days after receipt by the local government or its agent responsible under the contract for approval of such invoices for the amount of payment due or (b) 30 days after receipt of the goods or services by the state agency or 45 days after receipt by the local government, whichever is later. See Virginia Code 2.2-4347
• Person: means any natural individual, partnership, association, corporation, or other legal entity. See Virginia Code 10.1-2300
• Person: means any individual, 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
• 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 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: 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
• Plan: means the Virginia Energy Plan prepared pursuant to Article 4 (§ Virginia Code 45.2-1700
• 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.
• 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}
• 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 a nonstock corporation or a limited liability company. See Virginia Code 6.2-1800
• Program: means the Electric Vehicle Rebate Program established pursuant to this article. See Virginia Code 45.2-1726
• 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
• Purchase: means the purchase or lease of a new or used electric motor vehicle. See Virginia Code 45.2-1726
• Quorum: The number of legislators that must be present to do business.
• Rappahannock River Basin: means that land area designated as the Rappahannock River Basin by the State Water Control Board pursuant to § Virginia Code 62.1-69.25
• Registry: means the licensing and registration system operated by the State Regulatory Registry LLC. See Virginia Code 6.2-1900
• 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).
• 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.
• Service of process: The service of writs or summonses to the appropriate party.
• Services: means any work performed by an independent contractor wherein the service rendered does not consist primarily of acquisition of equipment or materials, or the rental of equipment, materials and supplies. See Virginia Code 2.2-4301
• 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.
• Site: means a geographical area on dry land that contains any evidence of human activity that is or may be the source of important historic, scientific, archaeologic, or educational data or objects. See Virginia Code 10.1-2300
• State agency: means any authority, board, department, instrumentality, institution, agency, or other unit of state government. See Virginia Code 2.2-4347
• State archaeological site: means an area designated by the Department in which it is reasonable to expect to find objects of antiquity. See Virginia Code 10.1-2300
• State archaeologist: means the individual designated pursuant to § Virginia Code 10.1-2300
• State-controlled land: includes state parks, state wildlife areas, state recreation areas, highway rights-of-way, and state-owned easements. See Virginia Code 10.1-2300
• 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.
• Stored value: means monetary value that is evidenced by an electronic record. See Virginia Code 6.2-1900
• Subcontractor: means any entity that has a contract to supply labor or materials to the contractor to whom the contract was awarded or to any subcontractor in the performance of the work provided for in such contract. See Virginia Code 2.2-4347
• sworn: means "affirm" or "affirmed. See Virginia Code 1-250
• Testator: A male person who leaves a will at death.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
• Used electric motor vehicle: means a previously owned or leased electric motor vehicle that is more than two years old and not more than seven years old. See Virginia Code 45.2-1726
• Voter: means a qualified voter as defined in § Virginia Code 15.2-102