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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.

Where it applies →

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.

Where it applies →

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.

  • 16 Del. C. § 4764
Where it applies →

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.

  • 10 Del. C. § 1046
Where it applies →

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.

  • 11 Del. C. § 1466
Where it applies →

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.

Where it applies →

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.

Where it applies →

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.

  • 15 Del. C. § 2050A
Where it applies →

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.

Where it applies →

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.

  • 21 Del. C. § 4196A
Where it applies →

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.

Where it applies →

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.

Where it applies →

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.

  • 11 Del. C. § 1442
Where it applies →

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.

  • 11 Del. C. § 2104
Where it applies →

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.

  • 25 Del. C. § 5301
Where it applies →

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.

Where it applies →

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.

  • 11 Del. C. § 821
  • 11 Del. C. § 822
  • 11 Del. C. § 823
Where it applies →

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.

  • 16 Del. C. § 3076F
Where it applies →

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.

Where it applies →

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.

Where it applies →

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.

  • 11 Del. C. § 1301
Where it applies →

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.

Where it applies →

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.

Where it applies →

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.

  • 11 Del. C. § 464
Where it applies →

E

Elective share

A surviving spouse's right to take one third of the elective estate, claimed within 6 months after letters.

Also called spousal share

A surviving spouse's right to take one third of the elective estate, claimed within 6 months after letters.

What it is not

It reaches more than what the will controls.

  • 12 Del. C. § 901
  • 12 Del. C. § 906
Where it applies →

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.

  • 25 Del. C. § 5308
Where it applies →

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.

Where it applies →

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.

  • 21 Del. C. § 4177B
Where it applies →

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.

  • 10 Del. C. § 5062C
Where it applies →

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.

Where it applies →

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.

  • 29 Del. C. § 10003
Where it applies →

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.

  • 11 Del. C. § 1448D
  • 11 Del. C. § 1448A
Where it applies →

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.

  • 21 Del. C. § 4177
Where it applies →

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.

Where it applies →

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.

Where it applies →

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.

Where it applies →

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.

  • 21 Del. C. § 2118
Where it applies →

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.

  • 11 Del. C. § 2402
Where it applies →

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.

  • 12 Del. C. § 3901
Where it applies →

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.

Where it applies →

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.

  • 13 Del. C. § 1505
Where it applies →

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.

Where it applies →

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.

Where it applies →

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.

  • 10 Del. C. § 9301
Where it applies →

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.

  • 11 Del. C. § 1469
Where it applies →

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.

Where it applies →

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.

Where it applies →

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.

  • 21 Del. C. § 2710
Where it applies →

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.

Where it applies →

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.

  • 11 Del. C. § 1441
  • 11 Del. C. § 1442
Where it applies →

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.

  • 19 Del. C. § 1103
Where it applies →

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.

  • 25 Del. C. § 7051
  • 25 Del. C. § 7052A
Where it applies →

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.

  • 11 Del. C. § 4373
  • 11 Del. C. § 4373A
Where it applies →

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.

Where it applies →

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.

  • 25 Del. C. § 5106
Where it applies →

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.

  • 21 Del. C. § 4134
Where it applies →

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.

Where it applies →

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.

  • 11 Del. C. § 1460
Where it applies →

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.

Where it applies →

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.

  • 21 Del. C. § 6814
Where it applies →

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.

  • 11 Del. C. § 601
Where it applies →

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.

  • 16 Del. C. § 4769
Where it applies →

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.

  • 11 Del. C. § 1448
Where it applies →

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.

Where it applies →

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.

  • 11 Del. C. § 611
  • 11 Del. C. § 612
Where it applies →

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.

  • 11 Del. C. § 1457B
Where it applies →

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.

Where it applies →

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.

  • 10 Del. C. § 1045
Where it applies →

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.

Where it applies →

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.

  • 16 Del. C. § 4903A
Where it applies →

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.

  • 25 Del. C. § 5307
Where it applies →

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.

Where it applies →

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.

  • 11 Del. C. § 1257
Where it applies →

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.

Where it applies →

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.

  • 25 Del. C. § 5716A
Where it applies →

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.

  • 11 Del. C. § 1457A
Where it applies →

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.

  • 11 Del. C. § 2307
  • 11 Del. C. § 2308
Where it applies →

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.

Where it applies →

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.

Where it applies →

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.

Where it applies →

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.

Where it applies →

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.

  • 11 Del. C. § 840
Where it applies →

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.

  • 12 Del. C. § 2306
Where it applies →

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.

  • 6 Del. C. § 4603
Where it applies →

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.

  • 11 Del. C. § 1312
Where it applies →

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.

Where it applies →

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.

  • 25 Del. C. § 5502
  • 25 Del. C. § 5716A
Where it applies →

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.

  • 11 Del. C. § 1907
Where it applies →

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.

  • 13 Del. C. § 2410
  • 13 Del. C. § 2412
Where it applies →

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.

Where it applies →

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.

Where it applies →

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.

Where it applies →

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.

  • 25 Del. C. § 5313
Where it applies →

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.

Where it applies →

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.

  • 11 Del. C. § 1456
Where it applies →

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.

  • 11 Del. C. § 630
  • 11 Del. C. § 630A
Where it applies →

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.

Where it applies →

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.

  • 11 Del. C. § 1335
Where it applies →

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.

  • 21 Del. C. § 4176E
Where it applies →

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.

  • 25 Del. C. § 5715
Where it applies →

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.