WHAT THE WORDS MEAN
Most of what goes wrong in an encounter goes wrong at the vocabulary. A word that sounds like it means one thing often means something narrower, or wider, in the statute. Here is each word Delaware law uses, what it actually means, and the misreading it usually collects.
102 terms
A
Aggressive driving
Continuous conduct breaking 3 or more listed traffic rules, such as following too closely, unsafe lane changes and speeding.
Also called road rage
Continuous conduct breaking 3 or more listed traffic rules, such as following too closely, unsafe lane changes and speeding.
Application fee
A fee to check a prospective tenant's credit, no more than 10 percent of the monthly rent or $50, whichever is greater.
Also called rental application fee
A fee to check a prospective tenant's credit, no more than 10 percent of the monthly rent or $50, whichever is greater.
Area accessible to the public
Sidewalks, streets, parking lots, parks, stores and restaurants, and outdoor spots within 10 feet of them or of a building's doors and open windows.
Also called public consumption
Sidewalks, streets, parking lots, parks, stores and restaurants, and outdoor spots within 10 feet of them or of a building's doors and open windows.
Arrest for a protective order violation
An officer's duty to arrest, with or without a warrant, anyone the officer has probable cause to believe knowingly violated a protective order.
Also called PFA violation arrest
An officer's duty to arrest, with or without a warrant, anyone the officer has probable cause to believe knowingly violated a protective order.
What it is not
It is a duty, not a choice the officer makes.
Assault weapon
A firearm on the code's list that may not be transported into the State, sold, bought or possessed, as a class D felony.
Also called banned rifle
A firearm on the code's list that may not be transported into the State, sold, bought or possessed, as a class D felony.
What it is not
Inheriting one from a lawful owner is allowed, unless the heir is a person prohibited.
Assurance money
A payment a prospective landlord asks for that is not an application fee, deposit, surety bond fee or reservation deposit, and may not take.
Also called holding fee
A payment a prospective landlord asks for that is not an application fee, deposit, surety bond fee or reservation deposit, and may not take.
Attachment of wages
A creditor taking wages to pay a judgment. Most of a resident's wages are exempt, and only 1 attachment may run at a time.
Also called garnishment
A creditor taking wages to pay a judgment. Most of a resident's wages are exempt, and only 1 attachment may run at a time.
Automatic voter registration
Registration sent from the Division of Motor Vehicles for an eligible person who showed proof of citizenship, with a notice to decline.
Also called motor voter
Registration sent from the Division of Motor Vehicles for an eligible person who showed proof of citizenship, with a notice to decline.
B
Best interests of the child
The standard the Family Court decides custody by, weighing the wishes, relationships, adjustment and health of everyone involved.
Also called custody standard
The standard the Family Court decides custody by, weighing the wishes, relationships, adjustment and health of everyone involved.
What it is not
A parent's sex does not make them better qualified.
Bicycle stop as yield
A cyclist at a stop sign on a road of 2 or fewer lanes slows, stops if safety requires, and yields before going through.
Also called delaware yield
A cyclist at a stop sign on a road of 2 or fewer lanes slows, stops if safety requires, and yields before going through.
What it is not
It does not apply at a road of 3 or more lanes, or when a car is stopped at the same sign.
Blue envelope
An envelope the State Police provide on request to a driver with a disability, holding the license, registration and insurance card, with guidance for the officer and the driver.
Also called disability traffic stop
An envelope the State Police provide on request to a driver with a disability, holding the license, registration and insurance card, with guidance for the officer and the driver.
Breach of security
Unauthorized access to computerized personal information, triggering notice to residents within 60 days.
Also called data breach
Unauthorized access to computerized personal information, triggering notice to residents within 60 days.
C
Concealed deadly weapon
A deadly weapon carried concealed upon or about the person without a license. It is a class G felony, and a class D felony when it is a firearm.
Also called carrying concealed, CCDW
A deadly weapon carried concealed upon or about the person without a license. It is a class G felony, and a class D felony when it is a firearm.
What it is not
It is not only guns: any deadly weapon carried concealed is covered.
Conditions of release bond
The bond a person charged with a crime other than a capital crime is released on, with conditions to return to court and commit no offense.
Also called bail, release on recognizance
The bond a person charged with a crime other than a capital crime is released on, with conditions to return to court and commit no offense.
What it is not
Not every bond requires money: some are not guaranteed by financial terms.
Confession of judgment
A lease term letting someone enter judgment against the tenant without a case. It is void in a rental agreement.
Also called cognovit
A lease term letting someone enter judgment against the tenant without a case. It is void in a rental agreement.
Covered individual
An employee with at least 12 months and 1,250 hours with the employer, eligible for paid family and medical leave.
Also called eligible for paid leave
An employee with at least 12 months and 1,250 hours with the employer, eligible for paid family and medical leave.
Criminal trespass
Knowingly entering or remaining unlawfully: on land a violation, in a building or fenced land an unclassified misdemeanor, and in a dwelling a class A misdemeanor.
Also called trespassing
Knowingly entering or remaining unlawfully: on land a violation, in a building or fenced land an unclassified misdemeanor, and in a dwelling a class A misdemeanor.
D
Dangerous dog
A dog the Justice of the Peace Court declares dangerous, kept only with $100,000 insurance, confinement, and a muzzle and short leash outside.
Also called vicious dog
A dog the Justice of the Peace Court declares dangerous, kept only with $100,000 insurance, confinement, and a muzzle and short leash outside.
Default surrogate
A person who decides health care for someone without capacity and without an agent, chosen by a set order of family and friends.
Also called next of kin decision maker
A person who decides health care for someone without capacity and without an agent, chosen by a set order of family and friends.
Detention for questioning
A stop of a person reasonably suspected of a crime, to ask name, address, business and destination, lasting no more than 2 hours.
Also called stop and frisk, investigative stop
A stop of a person reasonably suspected of a crime, to ask name, address, business and destination, lasting no more than 2 hours.
What it is not
It is not an arrest, and it is not recorded as one.
Disorderly conduct
Intentionally causing public inconvenience, annoyance or alarm by fighting, unreasonable noise, abusive language, blocking traffic, or refusing to disperse. It is an unclassified misdemeanor.
Also called breach of the peace
Intentionally causing public inconvenience, annoyance or alarm by fighting, unreasonable noise, abusive language, blocking traffic, or refusing to disperse. It is an unclassified misdemeanor.
What it is not
Telling a school bus driver of a plan to hire an attorney or seek a legal remedy is not a threat under it.
Disqualifying felony
A felony the State Constitution names as a permanent bar to voting. Other felonies bar it only until the sentence is fully served.
Also called felony voting ban
A felony the State Constitution names as a permanent bar to voting. Other felonies bar it only until the sentence is fully served.
Durable power of attorney
A power of attorney that lasts through the principal's incapacity, signed before a notary and an adult witness.
Also called financial power of attorney
A power of attorney that lasts through the principal's incapacity, signed before a notary and an adult witness.
What it is not
It does not cover health care decisions.
Duty to retreat
The rule that deadly force is not justified where the defendant knows it can be avoided with complete safety by retreating.
Also called stand your ground, castle doctrine
The rule that deadly force is not justified where the defendant knows it can be avoided with complete safety by retreating.
What it is not
There is no duty to retreat in one's own dwelling, or at work unless the defendant started it.
E
Essential services
Heat, water, hot water and electricity. A failure lasting 48 hours after notice lets the tenant end the lease or keep two thirds of the daily rent.
Also called heat, hot water
Heat, water, hot water and electricity. A failure lasting 48 hours after notice lets the tenant end the lease or keep two thirds of the daily rent.
What it is not
Withholding in bad faith can cost double what was kept.
Executive session
A meeting closed to the public for a listed purpose, held only after an open vote.
Also called closed meeting
A meeting closed to the public for a listed purpose, held only after an open vote.
F
First offender election
A program for a first DUI with no prior offense and under .15, where the court defers judgment and places the person on probation with a course.
Also called first offender program, DUI diversion
A program for a first DUI with no prior offense and under .15, where the court defers judgment and places the person on probation with a course.
What it is not
It is not open to a driver with a child in the car, or in a crash injuring another.
Foreclosure mediation
The automatic program in a foreclosure on an owner occupied home, holding off judgment until the mediation date.
Also called mortgage mediation
The automatic program in a foreclosure on an owner occupied home, holding off judgment until the mediation date.
Forfeiture
The State taking property connected to a drug offense. A vehicle or home is forfeited only on proof it was used with the owner's knowledge or consent.
Also called civil forfeiture
The State taking property connected to a drug offense. A vehicle or home is forfeited only on proof it was used with the owner's knowledge or consent.
What it is not
The burden of proof is on the State, by a preponderance of the evidence.
Freedom of Information Act
The law opening public records to inspection and copying, with a response within 15 business days.
Also called public records law
The law opening public records to inspection and copying, with a response within 15 business days.
H
Handgun qualified purchaser permit
A permit from the State Bureau of Identification, required to buy a handgun, granted within 30 days unless grounds for denial exist and valid for 2 years.
Also called permit to purchase, handgun permit
A permit from the State Bureau of Identification, required to buy a handgun, granted within 30 days unless grounds for denial exist and valid for 2 years.
What it is not
A holder of a Superior Court license to carry does not need one.
I
Ignition interlock device
A device on a vehicle that has to work before the car will start, required of every person convicted of driving under the influence.
Also called interlock
A device on a vehicle that has to work before the car will start, required of every person convicted of driving under the influence.
Impaired adult
An adult 18 or older whose disability substantially impairs their ability to care for themselves, whose need for protection is reported to the Department.
Also called vulnerable adult
An adult 18 or older whose disability substantially impairs their ability to care for themselves, whose need for protection is reported to the Department.
Implied consent
The rule that anyone driving in the State is deemed to consent to a chemical test when an officer has probable cause, with revocation of 1 year or more for a refusal.
Also called breath test refusal
The rule that anyone driving in the State is deemed to consent to a chemical test when an officer has probable cause, with revocation of 1 year or more for a refusal.
What it is not
A roadside preliminary breath test is not the test the law means, and refusing it is no violation.
Inattentive driving
Failing to give full time and attention to driving, or to keep a proper lookout, punished by a fine of $25 to $75 the first time.
Also called distracted driving
Failing to give full time and attention to driving, or to keep a proper lookout, punished by a fine of $25 to $75 the first time.
Industrial Accident Board
The board a workers' compensation claim is brought to within 2 years after the accident.
Also called workers comp board
The board a workers' compensation claim is brought to within 2 years after the accident.
Insurance identification card
A card from the insurer showing a policy meeting the State's minimums, carried in the vehicle and shown on request, on paper or on a phone.
Also called proof of insurance
A card from the insurer showing a policy meeting the State's minimums, carried in the vehicle and shown on request, on paper or on a phone.
What it is not
Showing it on a phone is not consent to search anything else on the phone.
Interception
Overhearing or recording a wire, oral or electronic communication. It is lawful where the person is a party to it or one of the parties gave prior consent.
Also called recording a call, one party consent
Overhearing or recording a wire, oral or electronic communication. It is lawful where the person is a party to it or one of the parties gave prior consent.
What it is not
It does not cover a party recording to commit a criminal or tortious act, which is a class E felony.
Interim guardian
A guardian the Court of Chancery appoints without notice in an emergency, for up to 30 days.
Also called emergency guardian
A guardian the Court of Chancery appoints without notice in an emergency, for up to 30 days.
Intestate
Dying without a will, so the estate passes to the spouse and family in the shares the code sets.
Also called no will
Dying without a will, so the estate passes to the spouse and family in the shares the code sets.
Irretrievably broken
The finding a divorce rests on: a marriage with separation and reconciliation improbable.
Also called no fault divorce
The finding a divorce rests on: a marriage with separation and reconciliation improbable.
Itemized list of damages
The list of damages and repair costs a landlord sends within 20 days with any remaining deposit. Not sending it means no damages are owed.
Also called deposit statement
The list of damages and repair costs a landlord sends within 20 days with any remaining deposit. Not sending it means no damages are owed.
J
Just cause
Discharge for misconduct connected with the work, which bars unemployment benefits until the person works again.
Also called fired for cause
Discharge for misconduct connected with the work, which bars unemployment benefits until the person works again.
Justice of the Peace Court
The court that hears contract and property claims up to $25,000, and landlord and tenant possession cases.
Also called small claims court
The court that hears contract and property claims up to $25,000, and landlord and tenant possession cases.
L
Large capacity magazine
A magazine the section bans. A first offense of possession alone is a civil penalty of $100, a second a class B misdemeanor, and anything else a class E felony.
Also called high capacity magazine
A magazine the section bans. A first offense of possession alone is a civil penalty of $100, a second a class B misdemeanor, and anything else a class E felony.
What it is not
A magazine permanently modified to accept 17 rounds or less is outside the section.
Late charge
A charge for late rent, limited to 5 percent of the monthly rent and not allowed within 5 days of the due date.
Also called late fee
A charge for late rent, limited to 5 percent of the monthly rent and not allowed within 5 days of the due date.
Lethal violence protective order
An order requiring a person shown to be a danger to give up firearms, for up to 5 years.
Also called red flag order
An order requiring a person shown to be a danger to give up firearms, for up to 5 years.
Level 1 Learner's Permit
The permit for a driver at least 16 and under 18, held for 12 months, with supervised driving for the first 6.
Also called learners permit
The permit for a driver at least 16 and under 18, held for 12 months, with supervised driving for the first 6.
What it is not
Breaking its restrictions counts as driving without a license.
Level V
Full incarceration in a custodial institution, the level at which felony sentences are served.
Also called prison, incarceration
Full incarceration in a custodial institution, the level at which felony sentences are served.
License to carry concealed deadly weapons
A license the Superior Court may approve, after an application, a certificate of 5 respectable citizens and a training course, valid 3 years at first and renewable for 5.
Also called carry permit, concealed carry license
A license the Superior Court may approve, after an application, a certificate of 5 respectable citizens and a training course, valid 3 years at first and renewable for 5.
What it is not
It is not issued as of right: the Court may or may not approve an application, in its discretion.
Liquidated damages
The added amount an employer owes for unpaid final wages without reasonable grounds: ten percent a day, up to the wages owed.
Also called wage penalty
The added amount an employer owes for unpaid final wages without reasonable grounds: ten percent a day, up to the wages owed.
Lot rent increase
A raise in the rent for a manufactured home lot, allowed once in 12 months with 90 to 120 days' notice and limited by an inflation formula.
Also called mobile home rent
A raise in the rent for a manufactured home lot, allowed once in 12 months with 90 to 120 days' notice and limited by an inflation formula.
M
Mandatory expungement
Expungement the State Bureau of Identification grants for eligible cases on request, and monthly on its own.
Also called automatic expungement
Expungement the State Bureau of Identification grants for eligible cases on request, and monthly on its own.
Medical debt
Debt for health care, which may not be reported to a credit agency or carry interest or late fees.
Also called hospital bill
Debt for health care, which may not be reported to a credit agency or carry interest or late fees.
Month to month tenancy
The term of a rental agreement with no stated term, ended by either side on at least 60 days' written notice.
Also called no lease
The term of a rental agreement with no stated term, ended by either side on at least 60 days' written notice.
Moving over
Changing into a lane not next to a stopped vehicle with flashing lights on a road of 4 or more lanes, or slowing at least 20 miles per hour below a limit of 50 or more.
Also called move over law
Changing into a lane not next to a stopped vehicle with flashing lights on a road of 4 or more lanes, or slowing at least 20 miles per hour below a limit of 50 or more.
N
Nonconformity
A defect breaking a new car's warranty. 4 or more repairs, or more than 30 days out of service, presumes a reasonable number of attempts.
Also called lemon defect
A defect breaking a new car's warranty. 4 or more repairs, or more than 30 days out of service, presumes a reasonable number of attempts.
Not readily operable
A firearm disassembled, broken down, or stored in a manner that prevents its immediate use. It is an affirmative defense to carrying while under the influence.
Also called disassembled gun
A firearm disassembled, broken down, or stored in a manner that prevents its immediate use. It is an affirmative defense to carrying while under the influence.
Notice of cancellation
The form a door to door seller attaches to the contract, letting the buyer cancel within 3 business days.
Also called cooling off notice
The form a door to door seller attaches to the contract, letting the buyer cancel within 3 business days.
O
Off highway vehicle
A vehicle registered for use off public roads, which may not be operated on a public highway, street or sidewalk except to cross it pushed in neutral.
Also called ATV, dirt bike
A vehicle registered for use off public roads, which may not be operated on a public highway, street or sidewalk except to cross it pushed in neutral.
What it is not
Registering it does not make it road legal.
Offensive touching
Intentionally touching another person knowing it is likely to cause offense or alarm. It is an unclassified misdemeanor, and a class A misdemeanor with a bodily fluid.
Also called battery
Intentionally touching another person knowing it is likely to cause offense or alarm. It is an unclassified misdemeanor, and a class A misdemeanor with a bodily fluid.
What it is not
No injury is needed for it.
Overdose immunity
Protection from arrest and prosecution for drug offenses below class C felonies, and underage drinking, for the person in an overdose and the person seeking help.
Also called good samaritan drug law
Protection from arrest and prosecution for drug offenses below class C felonies, and underage drinking, for the person in an overdose and the person seeking help.
What it is not
It depends on reporting in good faith and giving the medical information the person has.
P
Person prohibited
A person barred from purchasing, owning, possessing or controlling a deadly weapon or ammunition, such as one convicted of a felony or of misdemeanor domestic violence.
Also called prohibited person, felon in possession
A person barred from purchasing, owning, possessing or controlling a deadly weapon or ammunition, such as one convicted of a felony or of misdemeanor domestic violence.
What it is not
The bar is not only on guns: it reaches any deadly weapon and ammunition.
Personal use quantity
1 ounce or less of leaf marijuana, 12 grams or less of concentrated cannabis, or products with 750 milligrams or less of delta-9 THC.
Also called legal amount of marijuana
1 ounce or less of leaf marijuana, 12 grams or less of concentrated cannabis, or products with 750 milligrams or less of delta-9 THC.
What it is not
It is not a license to smoke in public or in a moving car, which stays a misdemeanor.
Physical injury
The harm that makes assault in the third degree, a class A misdemeanor, and with a deadly weapon or a victim 62 or older, the second degree.
Also called assault third degree
The harm that makes assault in the third degree, a class A misdemeanor, and with a deadly weapon or a victim 62 or older, the second degree.
What it is not
Not knowing the victim was 62 or older is no defense.
Polling place on election day
A place designated for in person voting, from 2 hours before the polls open until 2 hours after they close. Having a firearm there is a class A misdemeanor.
Also called gun at the polls
A place designated for in person voting, from 2 hours before the polls open until 2 hours after they close. Having a firearm there is a class A misdemeanor.
What it is not
It does not include the parking areas outside the polling place.
Power of attorney for health care
A record naming an agent to make health care decisions, signed by the person and an adult witness.
Also called health care proxy
A record naming an agent to make health care decisions, signed by the person and an adult witness.
Protection from abuse order
A Family Court order against domestic violence, lasting up to 1 year, and up to 2 for no contact orders.
Also called PFA, restraining order
A Family Court order against domestic violence, lasting up to 1 year, and up to 2 for no contact orders.
R
Register of Wills
The county office where a will is delivered within 10 days of learning of the death.
Also called probate office
The county office where a will is delivered within 10 days of learning of the death.
Registered qualifying patient
A patient registered under the medical marijuana act, protected while possessing no more than 6 ounces.
Also called medical marijuana patient
A patient registered under the medical marijuana act, protected while possessing no more than 6 ounces.
Repair and deduct
A tenant's right, after written notice and 30 days without a fix, to have the work done and deduct up to $400 or half a month's rent.
Also called fix it yourself
A tenant's right, after written notice and 30 days without a fix, to have the work done and deduct up to $400 or half a month's rent.
What it is not
A tenant behind on rent cannot use it.
Report of child abuse
A report every person who knows or suspects child abuse makes to the Department.
Also called mandated reporter
A report every person who knows or suspects child abuse makes to the Department.
What it is not
Calling the police alone does not satisfy it.
Resisting arrest
Intentionally preventing an arrest or detention, or fleeing from one. It is a class A misdemeanor, and a class G felony with force or violence.
Also called resisting, fleeing
Intentionally preventing an arrest or detention, or fleeing from one. It is a class A misdemeanor, and a class G felony with force or violence.
What it is not
Whether the arrest was lawful does not make resisting it justified.
Retaliatory act
A landlord seeking possession, raising rent or cutting services after a tenant's good faith complaint or organizing, presumed within 90 days.
Also called landlord retaliation
A landlord seeking possession, raising rent or cutting services after a tenant's good faith complaint or organizing, presumed within 90 days.
Right of redemption
A tenant's right to pay all past due amounts and costs at any time before an eviction for unpaid rent is carried out, vacating the judgment.
Also called pay and stay
A tenant's right to pay all past due amounts and costs at any time before an eviction for unpaid rent is carried out, vacating the judgment.
What it is not
It is not available after 2 judgments for unpaid rent in 18 months.
S
Safe School Zone
The buildings, fields, stadiums and property of a public or private school, and its vehicles. Knowingly having a firearm there is a class E felony.
Also called gun at school
The buildings, fields, stadiums and property of a public or private school, and its vehicles. Knowingly having a firearm there is a class E felony.
What it is not
A concealed carry license does not make it lawful, except while the firearm stays in a vehicle.
Search warrant
A judge's written authority to search a described place for described things, on sworn facts showing probable cause.
Also called warrant
A judge's written authority to search a described place for described things, on sworn facts showing probable cause.
What it is not
It does not allow searching a dwelling between 10:00 p.m. and 6:00 a.m. unless the warrant expressly says so.
Security deposit
Money held in escrow to cover damage beyond normal wear and tear and unpaid rent, capped at 1 month's rent on a lease of 1 year or more.
Also called damage deposit
Money held in escrow to cover damage beyond normal wear and tear and unpaid rent, capped at 1 month's rent on a lease of 1 year or more.
What it is not
Normal wear and tear, and what painting and ordinary cleaning fix, are not damage it pays for.
Self proved will
A will acknowledged by the person and affirmed by the witnesses before a notary, so the witnesses need not be found later.
Also called notarized will
A will acknowledged by the person and affirmed by the witnesses before a notary, so the witnesses need not be found later.
Separation
Living separate and apart for 6 or more months before the ruling, which may be under one roof in separate bedrooms.
Also called living apart
Living separate and apart for 6 or more months before the ruling, which may be under one roof in separate bedrooms.
Shielding
A court order deeming an eviction case not filed and taking it off public systems.
Also called eviction record sealing
A court order deeming an eviction case not filed and taking it off public systems.
Shoplifting
Taking, concealing or relabeling store goods intending not to pay. It is a felony at $1,500 or more.
Also called retail theft
Taking, concealing or relabeling store goods intending not to pay. It is a felony at $1,500 or more.
Small estate affidavit
A way for family to collect personal property of $50,000 or less without a personal representative, after 30 days.
Also called collection by affidavit
A way for family to collect personal property of $50,000 or less without a personal representative, after 30 days.
What it is not
It is not available where the person owned real estate in Delaware.
Source of income
One of the grounds on which refusing to rent or setting different terms is unlawful discrimination.
Also called voucher discrimination
One of the grounds on which refusing to rent or setting different terms is unlawful discrimination.
Sponsor
The parent or guardian who signs a minor's license application, decides whether the minor is ready, and may withdraw the signature in writing.
Also called parent signature for license
The parent or guardian who signs a minor's license application, decides whether the minor is ready, and may withdraw the signature in writing.
Stalking
A course of conduct at a specific person that would make a reasonable person fear injury or suffer significant distress. It is a felony.
A course of conduct at a specific person that would make a reasonable person fear injury or suffer significant distress. It is a felony.
What it is not
It is no defense that the stalker was not told the conduct was unwanted.
Statute of limitations
The time to bring a lawsuit: 2 years for personal injury, 3 years for a promise or a debt.
Also called deadline to sue
The time to bring a lawsuit: 2 years for personal injury, 3 years for a promise or a debt.
Summary possession
The court action a landlord brings to take back a rental, after a written demand giving at least 7 days to pay.
Also called eviction case
The court action a landlord brings to take back a rental, after a written demand giving at least 7 days to pay.
What it is not
Paying everything due before the eviction is carried out can stop it, under the right of redemption.
Summons
A written order to appear in court an officer may give instead of arresting for a misdemeanor. Wilfully failing to appear can bring up to $100 or 30 days.
Also called citation, ticket to appear
A written order to appear in court an officer may give instead of arresting for a misdemeanor. Wilfully failing to appear can bring up to $100 or 30 days.
T
Third party visitation
Visitation for a grandparent, aunt, uncle, adult sibling or another adult with a close relationship, granted only on the grounds the code sets.
Also called grandparent rights
Visitation for a grandparent, aunt, uncle, adult sibling or another adult with a close relationship, granted only on the grounds the code sets.
Tipped minimum wage
The cash wage for work where tips are customary, never less than $2.23 an hour.
Also called tip credit
The cash wage for work where tips are customary, never less than $2.23 an hour.
Truant
A student absent without a valid excuse for more than 3 school days in a school year.
Also called truancy
A student absent without a valid excuse for more than 3 school days in a school year.
U
Unclassified misdemeanor
An offense not designated a felony, a class A or B misdemeanor, or a violation. Unless its own law says otherwise, it carries up to 30 days and $575.
Also called misdemeanor with no class
An offense not designated a felony, a class A or B misdemeanor, or a violation. Unless its own law says otherwise, it carries up to 30 days and $575.
Unlawful ouster
Removing or excluding a tenant without a valid court order. The tenant recovers 3 times the damages or 3 times the daily rent.
Also called illegal lockout
Removing or excluding a tenant without a valid court order. The tenant recovers 3 times the damages or 3 times the daily rent.
What it is not
Only a writ of possession after a judgment lawfully removes a tenant.
Unlawful practice
Deception, misrepresentation, or hiding a material fact in a sale or advertisement, whether or not anyone was misled.
Also called consumer fraud
Deception, misrepresentation, or hiding a material fact in a sale or advertisement, whether or not anyone was misled.
Unsafe storage of a firearm
Leaving a loaded firearm within reach of a child or prohibited person who then gets it, when it was not locked up, trigger locked, or kept somewhere reasonably secure.
Also called safe storage law, child access
Leaving a loaded firearm within reach of a child or prohibited person who then gets it, when it was not locked up, trigger locked, or kept somewhere reasonably secure.
What it is not
A firearm carried by or under the control of its owner is not being stored.
V
Vehicular homicide
Causing a death by criminally negligent driving, or by negligent driving while impaired. The second degree is a class D felony and the first a class C.
Also called vehicular manslaughter
Causing a death by criminally negligent driving, or by negligent driving while impaired. The second degree is a class D felony and the first a class C.
Violation
The lowest level of offense, carrying a fine of up to $345 for a first, and Level I probation.
Also called civil violation
The lowest level of offense, carrying a fine of up to $345 for a first, and Level I probation.
What it is not
It carries no jail.
Violation of privacy
Sharing intimate images without consent, recording people undressing, or hiding a tracker on a car, among the acts the section lists.
Also called revenge porn, hidden camera
Sharing intimate images without consent, recording people undressing, or hiding a tracker on a car, among the acts the section lists.
Vulnerable user
A pedestrian, road worker, cyclist, or person on a scooter, skateboard, motorcycle or wheelchair. Seriously injuring one in a traffic violation brings a fine of $550 and a suspension.
Also called pedestrian, cyclist
A pedestrian, road worker, cyclist, or person on a scooter, skateboard, motorcycle or wheelchair. Seriously injuring one in a traffic violation brings a fine of $550 and a suspension.
W
Writ of possession
The court's order to a constable or sheriff to remove the occupants, carried out between sunrise and sunset after at least 24 hours' notice.
Also called eviction order
The court's order to a constable or sheriff to remove the occupants, carried out between sunrise and sunset after at least 24 hours' notice.
About this guide — definitions, not applications. Whether a word describes what happened in a particular case is exactly the question a licensed Delaware attorney answers and a glossary cannot. Current as of October 2026.