Washington Code > Chapter 7.72 – Product liability actions
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Terms Used In Washington Code > Chapter 7.72 - Product liability actions
- Allegation: something that someone says happened.
- 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.
- 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
- Arrest: Taking physical custody of a person by lawful authority.
- Authorized representative: means a person who:
Washington Code 66.04.010Bail: 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. Beer: means any malt beverage, flavored malt beverage, or malt liquor as these terms are defined in this chapter. See Washington Code 66.04.010 Beer distributor: means a person who buys beer from a domestic brewery, microbrewery, beer certificate of approval holder, or beer importers, or who acquires foreign produced beer from a source outside of the United States, for the purpose of selling the same pursuant to this title, or who represents such brewer or brewery as agent. See Washington Code 66.04.010 Beer importer: means a person or business within Washington who purchases beer from a beer certificate of approval holder or who acquires foreign produced beer from a source outside of the United States for the purpose of selling the same pursuant to this title. See Washington Code 66.04.010 Board: means the liquor and cannabis board, constituted under this title. See Washington Code 66.04.010 brewery: means any person engaged in the business of manufacturing beer and malt liquor. See Washington Code 66.04.010 Club: means an organization of persons, incorporated or unincorporated, operated solely for fraternal, benevolent, educational, athletic, or social purposes, and not for pecuniary gain. See Washington Code 66.04.010 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. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Craft distillery: means a distillery that pays the reduced licensing fee under RCW 66. See Washington Code 66.04.010 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Decedent: A deceased person. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Delivery: means the transportation of alcohol to an individual located within Washington state from a licensed location holding an alcohol delivery endorsement as part of a delivery order. See Washington Code 66.04.010 Dentist: means a practitioner of dentistry duly and regularly licensed and engaged in the practice of his or her profession within the state pursuant to chapter 18. See Washington Code 66.04.010 Distiller: means a person engaged in the business of distilling spirits. See Washington Code 66.04.010 Domestic brewery: means a place where beer and malt liquor are manufactured or produced by a brewer within the state. See Washington Code 66.04.010 Domestic winery: means a place where wines are manufactured or produced within the state of Washington. See Washington Code 66.04.010 Employee: means any person employed by the board. See Washington Code 66.04.010 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. 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. Fraud: Intentional deception resulting in injury to another. Fund: means 'liquor revolving fund. See Washington Code 66.04.010 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Importer: means a person who buys distilled spirits from a distillery outside the state of Washington and imports such spirituous liquor into the state for sale to the board or for export. See Washington Code 66.04.010 Imprisonment: means confinement in the county jail. See Washington Code 66.04.010 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. 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 Liquor: includes the four varieties of liquor herein defined (alcohol, spirits, wine, and beer), and all fermented, spirituous, vinous, or malt liquor, or combinations thereof, and mixed liquor, a part of which is fermented, spirituous, vinous or malt liquor, or otherwise intoxicating; and every liquid or solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine, or beer, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption, and any liquid, semisolid, solid, or other substance, which contains more than one percent of alcohol by weight shall be conclusively deemed to be intoxicating. See Washington Code 66.04.010 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. malt liquor: means any beverage such as beer, ale, lager beer, stout, and porter obtained by the alcoholic fermentation of an infusion or decoction of pure hops, or pure extract of hops and pure barley malt or other wholesome grain or cereal in pure water containing not more than eight percent of alcohol by weight, and not less than one-half of one percent of alcohol by volume. See Washington Code 66.04.010 Manufacturer: means a person engaged in the preparation of liquor for sale, in any form whatsoever. See Washington Code 66.04.010 Nightclub: means an establishment that provides entertainment and has as its primary source of revenue (a) the sale of alcohol for consumption on the premises, (b) cover charges, or (c) both. See Washington Code 66.04.010 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. on-sale: refers to the license privilege of selling for consumption upon the licensed premises. See Washington Code 66.04.021 Package: means any container or receptacle used for holding liquor. See Washington Code 66.04.010 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. Permit: means a permit for the purchase of liquor under this title. See Washington Code 66.04.010 person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080 Person: means an individual, copartnership, association, or corporation. See Washington Code 66.04.010 Physician: means a medical practitioner duly and regularly licensed and engaged in the practice of his or her profession within the state pursuant to chapter 18. See Washington Code 66.04.010 Plaintiff: The person who files the complaint in a civil lawsuit. Powdered alcohol: means any powder or crystalline substance containing alcohol that is produced for direct use or reconstitution. See Washington Code 66.04.010 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. Prescription: means a memorandum signed by a physician and given by him or her to a patient for the obtaining of liquor pursuant to this title for medicinal purposes. See Washington Code 66.04.010 Probable cause: A reasonable ground for belief that the offender violated a specific law. Public place: includes streets and alleys of incorporated cities and towns; state or county or township highways or roads; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; those parts of establishments where beer may be sold under this title, soft drink establishments, public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theaters, stores, garages and filling stations which are open to and are generally used by the public and to which the public is permitted to have unrestricted access; railroad trains, stages, and other public conveyances of all kinds and character, and the depots and waiting rooms used in conjunction therewith which are open to unrestricted use and access by the public; publicly owned bathing beaches, parks, and/or playgrounds; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public. See Washington Code 66.04.010 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Regulations: means regulations made by the board under the powers conferred by this title. See Washington Code 66.04.010 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. Restaurant: means any establishment provided with special space and accommodations where, in consideration of payment, food, without lodgings, is habitually furnished to the public, not including drug stores and soda fountains. See Washington Code 66.04.010 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. sell: include exchange, barter, and traffic; and also include the selling or supplying or distributing, by any means whatsoever, of liquor, or of any liquid known or described as beer or by any name whatever commonly used to describe malt or brewed liquor or of wine, by any person to any person; and also include a sale or selling within the state to a foreign consignee or his or her agent in the state. See Washington Code 66.04.010 Service of process: The service of writs or summonses to the appropriate party. Spirits: means any beverage which contains alcohol obtained by distillation, except flavored malt beverages, but including wines exceeding twenty-four percent of alcohol by volume. See Washington Code 66.04.010 Spirits distributor: means a person, other than a person who holds only a retail license, who buys spirits from a domestic distiller, manufacturer, supplier, spirits distributor, or spirits importer, or who acquires foreign-produced spirits from a source outside of the United States, for the purpose of reselling the same not in violation of this title, or who represents such distiller as agent. See Washington Code 66.04.021 Spirits importer: means a person who buys distilled spirits from a distiller outside the state of Washington and imports such spirits into the state for sale or export. See Washington Code 66.04.021 Statute: A law passed by a legislature. Store: means a state liquor store established under this title. See Washington Code 66.04.010 Summons: Another word for subpoena used by the criminal justice system. Tavern: means any establishment with special space and accommodation for sale by the glass and for consumption on the premises, of beer, as herein defined. See Washington Code 66.04.010 Testimony: Evidence presented orally by witnesses during trials or before grand juries. 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. Trustee: A person or institution holding and administering property in trust. 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 Venue: The geographical location in which a case is tried. Wine: means any alcoholic beverage obtained by fermentation of fruits (grapes, berries, apples, et cetera) or other agricultural product containing sugar, to which any saccharine substances may have been added before, during or after fermentation, and containing not more than twenty-four percent of alcohol by volume, including sweet wines fortified with wine spirits, such as port, sherry, muscatel, and angelica, not exceeding twenty-four percent of alcohol by volume and not less than one-half of one percent of alcohol by volume. See Washington Code 66.04.010 Wine distributor: means a person who buys wine from a domestic winery, wine certificate of approval holder, or wine importer, or who acquires foreign produced wine from a source outside of the United States, for the purpose of selling the same not in violation of this title, or who represents such vintner or winery as agent. See Washington Code 66.04.010 Wine importer: means a person or business within Washington who purchases wine from a wine certificate of approval holder or who acquires foreign produced wine from a source outside of the United States for the purpose of selling the same pursuant to this title. See Washington Code 66.04.010 Winery: means a business conducted by any person for the manufacture of wine for sale, other than a domestic winery. See Washington Code 66.04.010 Writ: A formal written command, issued from the court, requiring the performance of a specific act.