Terms Used In West Virginia Code > Chapter 29 > Article 22B > Part 5 - Requirements and Qualifications for Licensure

• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• age: means the age of forty or above. See West Virginia Code 5-11-3
• Aggrieved person: includes any person who:

  (1) Claims to have been injured by a discriminatory housing practice. See West Virginia Code 5-11A-3

• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• basic universal design: means the design of products and environments to be useable by all people, to the greatest extent possible, without the need for adaptation or specialization. See West Virginia Code 5-11A-3
• commission: means the West Virginia Human Rights Commission. See West Virginia Code 5-11-3
• Commission: means the West Virginia Human Rights Commission. See West Virginia Code 5-11A-3
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conciliation: means the attempted resolution of issues raised by a complaint or by the investigation of the complaint through informal negotiations involving the aggrieved person, the respondent and the commission. See West Virginia Code 5-11A-3
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• disability: means :

  (1) A mental or physical impairment which substantially limits one or more of such person'. See West Virginia Code 5-11-3

• Disability: means , with respect to a person:

  (1) A physical or mental impairment which substantially limits one or more of the person'. See West Virginia Code 5-11A-3

• discrimination: means to exclude from, or fail or refuse to extend to, a person equal opportunities because of race, religion, color, national origin, ancestry, sex, age, blindness, disability or familial status and includes to separate or segregate. See West Virginia Code 5-11-3
• Discriminatory housing practice: means an act that is unlawful under section five, six, seven or nineteen of this article. See West Virginia Code 5-11A-3
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Docket: A log containing brief entries of court proceedings.
• Dwelling: means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence or sleeping place by one or more persons or families and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof. See West Virginia Code 5-11A-3
• employer: means the state, or any political subdivision thereof, and any person employing twelve or more persons within the state for twenty or more calendar weeks in the calendar year in which the act of discrimination allegedly took place or the preceding calendar year: Provided, That such terms shall not be taken, understood or construed to include a private club. See West Virginia Code 5-11-3
• employment agency: includes any person undertaking, with or without compensation, to procure, recruit, refer or place employees. See West Virginia Code 5-11-3
• 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.
• 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.
• Familial status: means :

  (1) One or more individuals who have not attained the age of eighteen years being domiciled with:

  (A) A parent or another person having legal custody of the individual or individuals. See West Virginia Code 5-11A-3

• in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
• 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.
• labor organization: includes any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment or for other mutual aid or protection in relation to employment. See West Virginia Code 5-11-3
• 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}
• 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.
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
• person: means one or more individuals, partnerships, associations, organizations, corporations, labor organizations, cooperatives, legal representatives, trustees, trustees in bankruptcy, receivers and other organized groups of persons. See West Virginia Code 5-11-3
• Person: includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11 of the United States Code, receivers and fiduciaries. See West Virginia Code 5-11A-3
• place of public accommodations: means any establishment or person, as defined herein, including the state, or any political or civil subdivision thereof, which offers its services, goods, facilities or accommodations to the general public, but shall not include any accommodations which are in their nature private. See West Virginia Code 5-11-3
• 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.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Respondent: means :

  (1) The person or other entity accused in a complaint of an unfair housing practice. See West Virginia Code 5-11A-3

• rooming house: means a house or building where there are one or more bedrooms which the proprietor can spare for the purpose of giving lodgings to persons he or she chooses to receive. See West Virginia Code 5-11A-3
• State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
• 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.
• Summons: Another word for subpoena used by the criminal justice system.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• unlawful discriminatory practices: includes only those practices specified in section nine of this article. See West Virginia Code 5-11-3
• video lottery license: means authorization granted by the commission pursuant to this article to a person permitting that person to engage in the activity for which the license was issued. See West Virginia Code 29-22B-314