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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 South Carolina law uses, what it actually means, and the misreading it usually collects.

119 terms

A

Adverse possession

Holding land against the legal title for ten years. Without a deed or judgment, land counts as possessed only where it was protected by a substantial enclosure and usually cultivated or improved.

Also called squatter's rights

Holding land against the legal title for ten years. Without a deed or judgment, land counts as possessed only where it was protected by a substantial enclosure and usually cultivated or improved.

What it is not

Mowing a strip of lawn is not the same as enclosing and working it.

  • S.C. Code 15-67-210
  • S.C. Code 15-67-250
Where it applies →

Affidavit

The sworn statement a search warrant is issued on, establishing its grounds. A person served with a search warrant is given a copy of the warrant along with it.

Also called sworn statement

The sworn statement a search warrant is issued on, establishing its grounds. A person served with a search warrant is given a copy of the warrant along with it.

  • S.C. Code 17-13-150
  • S.C. Code 17-13-140
Where it applies →

Agent

The person a power of attorney authorizes to act for the principal, who acts in good faith, within the authority granted, loyally and in the principal's best interest, and keeps a record of every transaction.

Also called attorney in fact

The person a power of attorney authorizes to act for the principal, who acts in good faith, within the authority granted, loyally and in the principal's best interest, and keeps a record of every transaction.

Where it applies →

Appearance bond

A bond in a set amount with sureties the court approves, one of the conditions a court may impose when it finds release on recognizance will not assure appearance or will create unreasonable danger.

Also called surety bond

A bond in a set amount with sureties the court approves, one of the conditions a court may impose when it finds release on recognizance will not assure appearance or will create unreasonable danger.

  • S.C. Code 17-15-10
Where it applies →

Assault and battery of a high and aggravated nature

Unlawfully injuring another person where great bodily injury results, or by means likely to produce death or great bodily injury, a felony carrying up to twenty years.

Also called ABHAN

Unlawfully injuring another person where great bodily injury results, or by means likely to produce death or great bodily injury, a felony carrying up to twenty years.

  • S.C. Code 16-3-600
Where it applies →

Assignment of title

The seller's signed assignment and warranty of title on the certificate, made when the vehicle is delivered. As between the parties, a transfer is not effective until the seller assigns and the buyer applies for a new title.

Also called signing over the title

The seller's signed assignment and warranty of title on the certificate, made when the vehicle is delivered. As between the parties, a transfer is not effective until the seller assigns and the buyer applies for a new title.

What it is not

Handing over the keys and the cash does not by itself complete the transfer between the two.

  • S.C. Code 56-19-360
Where it applies →

Assistance dog

A dog specially trained for the purpose, which a handicapped person has the right to bring into public accommodations, transportation and places the public is invited, without an extra charge.

Also called service dog, guide dog

A dog specially trained for the purpose, which a handicapped person has the right to bring into public accommodations, transportation and places the public is invited, without an extra charge.

What it is not

A pet passed off as one is not; knowingly misrepresenting an animal as a service animal carries a civil fine.

  • S.C. Code 43-33-20
Where it applies →

B

Belt-positioning booster seat

The seat a child at least four years of age who has outgrown a forward facing seat rides in, in a rear seat, used with both lap and shoulder belts and never with a lap belt alone.

Also called booster seat

The seat a child at least four years of age who has outgrown a forward facing seat rides in, in a rear seat, used with both lap and shoulder belts and never with a lap belt alone.

Where it applies →

Bicycle lane

A portion of the roadway, or a paved lane beside it, designated by striping, markings and signs for preferential or exclusive use by bicyclists.

Also called bike lane

A portion of the roadway, or a paved lane beside it, designated by striping, markings and signs for preferential or exclusive use by bicyclists.

Where it applies →

Breach of the peace

What a creditor may not commit in taking collateral without going to court, along with entering a dwelling used as a current residence or using force.

Also called repo by force

What a creditor may not commit in taking collateral without going to court, along with entering a dwelling used as a current residence or using force.

  • S.C. Code 37-5-112
Where it applies →

C

Castle Doctrine

The common law doctrine that a person's home is his castle, which the General Assembly stated its intent to codify and to extend to an occupied vehicle and a place of business.

Also called castle law

The common law doctrine that a person's home is his castle, which the General Assembly stated its intent to codify and to extend to an occupied vehicle and a place of business.

Where it applies →

Citizen's arrest

An arrest by any person, on seeing a felony committed, on certain information that one has been committed, or on seeing a larceny committed, taking the person to a judge or magistrate.

Also called arrest by a private person

An arrest by any person, on seeing a felony committed, on certain information that one has been committed, or on seeing a larceny committed, taking the person to a judge or magistrate.

  • S.C. Code 17-13-10
Where it applies →

Clear and convincing evidence

The standard of proof the court must have before appointing a guardian, higher than the ordinary civil standard.

Also called higher burden of proof

The standard of proof the court must have before appointing a guardian, higher than the ordinary civil standard.

  • S.C. Code 62-5-304
Where it applies →

Concealed weapon permit

The permit SLED issues to carry a concealable weapon, to a resident or qualified nonresident who is at least 18 and not prohibited from possessing the weapon, on an application with identification, proof of training and fingerprints.

Also called CWP, carry permit

The permit SLED issues to carry a concealable weapon, to a resident or qualified nonresident who is at least 18 and not prohibited from possessing the weapon, on an application with identification, proof of training and fingerprints.

What it is not

Having one does not open the places the carrying section lists; those are barred whether or not the person has a permit.

Where it applies →

Conditional discharge

Probation without a judgment of guilt for a first time drug possession charge, ending in dismissal of the proceedings when completed. It is not a conviction, and may happen only once for any person.

Also called first offender probation

Probation without a judgment of guilt for a first time drug possession charge, ending in dismissal of the proceedings when completed. It is not a conviction, and may happen only once for any person.

What it is not

It is not automatic. The court may grant it, with the accused's consent.

Where it applies →

Confession of judgment

A term authorizing someone to confess a judgment against the tenant on a claim under the rental agreement, which a rental agreement may not contain.

Also called cognovit

A term authorizing someone to confess a judgment against the tenant on a claim under the rental agreement, which a rental agreement may not contain.

Where it applies →

Contested case hearing

The hearing on a suspension after a breath or blood test or a refusal, which a person has the right to request within thirty days of the notice of suspension.

Also called implied consent hearing

The hearing on a suspension after a breath or blood test or a refusal, which a person has the right to request within thirty days of the notice of suspension.

Where it applies →

Crime of violence

In the handgun article, murder, manslaughter other than negligent manslaughter from a traffic accident, rape, mayhem, kidnapping, burglary, robbery, housebreaking, and the assaults the definitions list.

Also called violent crime

In the handgun article, murder, manslaughter other than negligent manslaughter from a traffic accident, rape, mayhem, kidnapping, burglary, robbery, housebreaking, and the assaults the definitions list.

What it is not

The list for the handgun article is not the same as the list of violent crimes used elsewhere in the Code, such as for the knife and firearm enhancement.

Where it applies →

D

Dangerous animal

A dog or cat known to be inclined to attack unprovoked, one that makes an unprovoked attack injuring a person away from its confinement, or one kept or trained for fighting.

Also called dangerous dog

A dog or cat known to be inclined to attack unprovoked, one that makes an unprovoked attack injuring a person away from its confinement, or one kept or trained for fighting.

What it is not

No animal is dangerous solely because of its breed or species.

Where it applies →

Declaration

A document expressing a desire that no life sustaining procedures be used to prolong dying if the person's condition is terminal or they are permanently unconscious, signed before an officer authorized to administer oaths and two qualified witnesses.

Also called living will, declaration of a desire for a natural death

A document expressing a desire that no life sustaining procedures be used to prolong dying if the person's condition is terminal or they are permanently unconscious, signed before an officer authorized to administer oaths and two qualified witnesses.

Where it applies →

Deferred presentment

A licensed lender holding a customer's check for up to thirty-one days in return for cash now, for a fee of no more than fifteen percent of the principal.

Also called payday loan

A licensed lender holding a customer's check for up to thirty-one days in return for cash now, for a fee of no more than fifteen percent of the principal.

  • S.C. Code 34-39-180
Where it applies →

Deficiency

The balance left owing after repossessed goods are sold, which a consumer owes only if the creditor disposed of the goods in good faith and in a commercially reasonable manner.

Also called deficiency balance

The balance left owing after repossessed goods are sold, which a consumer owes only if the creditor disposed of the goods in good faith and in a commercially reasonable manner.

What it is not

On a sale of goods with a cash price of $1,500 or less, the consumer is not personally liable for it at all after a repossession.

  • S.C. Code 37-5-103
Where it applies →

Deficiency judgment

A judgment for whatever remains of a mortgage debt after the foreclosure sale, against a borrower personally liable for it, or against another person who guaranteed it.

Also called deficiency

A judgment for whatever remains of a mortgage debt after the foreclosure sale, against a borrower personally liable for it, or against another person who guaranteed it.

Where it applies →

Domestic violence

Causing physical harm or injury to one's own household member, or offering or attempting to with apparent present ability under circumstances reasonably creating fear of imminent peril, graded in degrees.

Also called CDV

Causing physical harm or injury to one's own household member, or offering or attempting to with apparent present ability under circumstances reasonably creating fear of imminent peril, graded in degrees.

Where it applies →

Durable

Not ended by the principal's incapacity. A power of attorney made under the act is durable unless it expressly provides that incapacity ends it.

Also called durable power of attorney

Not ended by the principal's incapacity. A power of attorney made under the act is durable unless it expressly provides that incapacity ends it.

Where it applies →

Duty to retreat

An obligation to withdraw before using force. A person not engaged in an unlawful activity who is attacked where they have a right to be has none, and may meet force with force, including deadly force, if they reasonably believe it is necessary to prevent death, great bodily injury or a violent crime.

Also called stand your ground

An obligation to withdraw before using force. A person not engaged in an unlawful activity who is attacked where they have a right to be has none, and may meet force with force, including deadly force, if they reasonably believe it is necessary to prevent death, great bodily injury or a violent crime.

  • S.C. Code 16-11-440
Where it applies →

Dwelling

In the self defense article, a building or conveyance of any kind with a roof, including an attached porch and a tent, designed to be occupied by people lodging there at night, temporary or permanent, mobile or immobile.

Also called home

In the self defense article, a building or conveyance of any kind with a roof, including an attached porch and a tent, designed to be occupied by people lodging there at night, temporary or permanent, mobile or immobile.

Where it applies →

E

Emergency admission

Admission to a hospital or mental health facility on a sworn affidavit and a physician's certificate that a person with a mental illness is likely to cause serious harm if not immediately hospitalized, reviewed by the probate court for probable cause.

Also called involuntary commitment, mental health hold

Admission to a hospital or mental health facility on a sworn affidavit and a physician's certificate that a person with a mental illness is likely to cause serious harm if not immediately hospitalized, reviewed by the probate court for probable cause.

What it is not

It is not a criminal arrest; the person has the right to counsel, and a full hearing follows if treatment is found to be required.

  • S.C. Code 44-17-410
Where it applies →

Emergency protective custody

A law enforcement officer's taking of a child without the parents' consent, on probable cause that abuse or neglect puts the child in substantial and imminent danger with no time for a court order, or when a parent is arrested and no adult is left to care for the child.

Also called EPC

A law enforcement officer's taking of a child without the parents' consent, on probable cause that abuse or neglect puts the child in substantial and imminent danger with no time for a court order, or when a parent is arrested and no adult is left to care for the child.

Where it applies →

Essential services

The services the rental agreement or the maintenance section requires the landlord to provide. Where the landlord negligently or wilfully fails to, the tenant may give notice and procure them and deduct the cost, or recover damages.

Also called utilities

The services the rental agreement or the maintenance section requires the landlord to provide. Where the landlord negligently or wilfully fails to, the tenant may give notice and procure them and deduct the cost, or recover damages.

What it is not

It is not a license to make repairs and deduct their cost from the rent.

Where it applies →

Executive session

A meeting a public body closes to the public for one of the reasons the section lists, after a public vote and an announcement of its specific purpose. No action may be taken in it except to adjourn or return to public session.

Also called closed session

A meeting a public body closes to the public for one of the reasons the section lists, after a public vote and an announcement of its specific purpose. No action may be taken in it except to adjourn or return to public session.

Where it applies →

Exempt property

Property of a debtor that cannot be attached, levied on or sold to pay a judgment, such as a residence up to $50,000, one vehicle up to $5,000 and household goods up to $4,000.

Also called exemptions from levy

Property of a debtor that cannot be attached, levied on or sold to pay a judgment, such as a residence up to $50,000, one vehicle up to $5,000 and household goods up to $4,000.

  • S.C. Code 15-41-30
Where it applies →

F

Fit and habitable

The condition a landlord makes all repairs and does whatever is reasonably necessary to put and keep the premises in.

Also called habitable

The condition a landlord makes all repairs and does whatever is reasonably necessary to put and keep the premises in.

Where it applies →

Fit to stand trial

Having the capacity to understand the proceedings and to assist in one's own defense. A judge with reason to doubt it orders an examination by two designated examiners.

Also called competency

Having the capacity to understand the proceedings and to assist in one's own defense. A judge with reason to doubt it orders an examination by two designated examiners.

What it is not

It is not insanity at the time of the offense, which the examiners' report does not address unless ordered.

Where it applies →

Forfeiture

The loss to the state of property connected with drug offenses, such as equipment, conveyances, money and proceeds, decided by a judge on a petition from the Attorney General or the solicitor.

Also called asset forfeiture

The loss to the state of property connected with drug offenses, such as equipment, conveyances, money and proceeds, decided by a judge on a petition from the Attorney General or the solicitor.

Where it applies →

Forwarding address

The address the tenant gives the landlord in writing for the deposit notice. Without it, the tenant is not entitled to the deposit damages where the landlord had no notice of the tenant's whereabouts and mailed to the last known address.

Also called new address

The address the tenant gives the landlord in writing for the deposit notice. Without it, the tenant is not entitled to the deposit damages where the landlord had no notice of the tenant's whereabouts and mailed to the last known address.

Where it applies →

G

Garnishment

Taking a debtor's unpaid earnings through the employer. On a debt from a consumer credit sale, consumer lease, consumer loan or rental-purchase agreement, a creditor may not do it.

Also called wage garnishment

Taking a debtor's unpaid earnings through the employer. On a debt from a consumer credit sale, consumer lease, consumer loan or rental-purchase agreement, a creditor may not do it.

Where it applies →

Grandparent

For visitation, the natural or adoptive parent of a natural or adoptive parent of a minor child.

Also called grandmother, grandfather

For visitation, the natural or adoptive parent of a natural or adoptive parent of a minor child.

Where it applies →

Great bodily injury

Bodily injury that creates a substantial risk of death, or causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.

Also called serious injury

Bodily injury that creates a substantial risk of death, or causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.

Where it applies →

Gross negligence

Conduct the good samaritan section does not protect: a person giving free emergency care in good faith is not liable for civil damages except for acts or omissions amounting to gross negligence or wilful or wanton misconduct.

Also called recklessness

Conduct the good samaritan section does not protect: a person giving free emergency care in good faith is not liable for civil damages except for acts or omissions amounting to gross negligence or wilful or wanton misconduct.

  • S.C. Code 15-1-310
Where it applies →

Guardian

A person the court appoints, on clear and convincing evidence that someone is incapacitated, to provide continuing care and supervision, with orders only to the extent the incapacity requires.

Also called court appointed guardian

A person the court appoints, on clear and convincing evidence that someone is incapacitated, to provide continuing care and supervision, with orders only to the extent the incapacity requires.

  • S.C. Code 62-5-304
Where it applies →

H

Handgun

Under the handgun article, any firearm designed to expel a projectile and to be fired from the hand, other than antiques, curiosities or collector's items and firearms that do not fire fixed cartridges.

Also called pistol

Under the handgun article, any firearm designed to expel a projectile and to be fired from the hand, other than antiques, curiosities or collector's items and firearms that do not fire fixed cartridges.

Where it applies →

Hazing

Intentionally or recklessly doing acts with a foreseeable potential for physical harm for initiation into, admission to or affiliation with a student organization connected with a school, college or university.

Also called initiation abuse

Intentionally or recklessly doing acts with a foreseeable potential for physical harm for initiation into, admission to or affiliation with a student organization connected with a school, college or university.

What it is not

Customary athletic events and military training are outside it.

Where it applies →

Health care power of attorney

A document substantially in the statutory form, signed by the principal and two qualified witnesses, naming an agent eighteen years of age or older to make health care decisions.

Also called health care proxy

A document substantially in the statutory form, signed by the principal and two qualified witnesses, naming an agent eighteen years of age or older to make health care decisions.

Where it applies →

High-speed pursuit

A pursuit the fleeing section defines, leading which, after failing to stop for a law enforcement vehicle's siren or lights, is a felony under that section.

Also called police chase

A pursuit the fleeing section defines, leading which, after failing to stop for a law enforcement vehicle's siren or lights, is a felony under that section.

  • S.C. Code 56-5-750
Where it applies →

Holdover

A tenant staying in possession without the landlord's consent after the rental agreement expires or ends, which lets the landlord bring an action for possession.

Also called holding over

A tenant staying in possession without the landlord's consent after the rental agreement expires or ends, which lets the landlord bring an action for possession.

Where it applies →

Homestead exemption

The exemption of the first $50,000 of the fair market value of a dwelling from property taxes for an owner who is sixty-five, totally and permanently disabled, or legally blind, on a written application.

Also called senior property tax exemption

The exemption of the first $50,000 of the fair market value of a dwelling from property taxes for an owner who is sixty-five, totally and permanently disabled, or legally blind, on a written application.

What it is not

It is a different thing from the homestead exemption a debtor claims against creditors, which protects a residence up to its own limit.

  • S.C. Code 12-37-250
Where it applies →

I

Intestate estate

What passes when a person dies without a will. The surviving spouse takes all of it if there are no surviving issue, and one-half if there are.

Also called no will

What passes when a person dies without a will. The surviving spouse takes all of it if there are no surviving issue, and one-half if there are.

Where it applies →

Issue

A person's descendants, who take the part of an intestate estate not passing to the spouse, equally if all of the same degree of kinship, and otherwise by representation.

Also called descendants

A person's descendants, who take the part of an intestate estate not passing to the spouse, equally if all of the same degree of kinship, and otherwise by representation.

What it is not

It does not mean only children; it reaches grandchildren and further.

Where it applies →

L

Law enforcement officer

For the resisting arrest article, any duly appointed or commissioned officer of the state, a county or a municipality.

Also called officer

For the resisting arrest article, any duly appointed or commissioned officer of the state, a county or a municipality.

Where it applies →

Limited guardianship

A guardianship whose powers the court has limited, with the limitation endorsed on the guardian's letters.

Also called partial guardianship

A guardianship whose powers the court has limited, with the limitation endorsed on the guardian's letters.

  • S.C. Code 62-5-304
Where it applies →

Limited immunity

The protection from prosecution for the offenses the overdose section lists, for a person who seeks medical help for someone overdosing, gives their own name, cooperates and stays until help arrives.

Also called good samaritan overdose

The protection from prosecution for the offenses the overdose section lists, for a person who seeks medical help for someone overdosing, gives their own name, cooperates and stays until help arrives.

What it is not

It covers only the listed offenses, and only where the evidence came from seeking help.

  • S.C. Code 44-53-1920
Where it applies →

Luggage compartment

The trunk of a vehicle that has one; in a vehicle without one, the area designed for luggage, and in a station wagon, van, hatchback, truck or sport utility vehicle, the area behind the rearmost seat.

Also called trunk

The trunk of a vehicle that has one; in a vehicle without one, the area designed for luggage, and in a station wagon, van, hatchback, truck or sport utility vehicle, the area behind the rearmost seat.

Where it applies →

M

Marital property

Everything acquired during the marriage and owned when the case is filed, however title is held, divided equitably by the family court.

Also called marital estate

Everything acquired during the marriage and owned when the case is filed, however title is held, divided equitably by the family court.

What it is not

Inheritances and gifts from others, and what each owned before the marriage, are nonmarital and not divided.

Where it applies →

Materially and appreciably impaired

The degree to which a person's faculties to drive must be impaired by alcohol, other drugs or both for driving to be the offense of driving under the influence.

Also called under the influence

The degree to which a person's faculties to drive must be impaired by alcohol, other drugs or both for driving to be the offense of driving under the influence.

What it is not

It is a separate offense from driving with an unlawful alcohol concentration, which turns on the concentration alone.

  • S.C. Code 56-5-2930
Where it applies →

Mechanics' lien

A lien on a building for labor or materials furnished for it, dissolved unless a sworn statement is served and filed within ninety days after the claimant stops work.

Also called contractor's lien

A lien on a building for labor or materials furnished for it, dissolved unless a sworn statement is served and filed within ninety days after the claimant stops work.

  • S.C. Code 29-5-90
Where it applies →

Minor

A person under the age of eighteen, which is what every reference to minors in the state's laws means, except in the laws on selling alcoholic beverages.

Also called child, underage

A person under the age of eighteen, which is what every reference to minors in the state's laws means, except in the laws on selling alcoholic beverages.

  • S.C. Code 15-1-320
Where it applies →

Misconduct

For unemployment, conduct showing wilful and wanton disregard of the employer's interests. A discharge for it disqualifies a worker for twenty weeks.

Also called fired for cause

For unemployment, conduct showing wilful and wanton disregard of the employer's interests. A discharge for it disqualifies a worker for twenty weeks.

What it is not

Poor performance from inefficiency, inability or incapacity is not misconduct.

Where it applies →

Mobile electronic device

A cellular telephone, portable computer, GPS receiver, electronic game or similar device used to communicate, display or record digital content, which a driver may not hold or support while driving on a public highway.

Also called cell phone

A cellular telephone, portable computer, GPS receiver, electronic game or similar device used to communicate, display or record digital content, which a driver may not hold or support while driving on a public highway.

What it is not

It does not include a CB, amateur or commercial two-way radio, a subscription emergency device or a prescribed medical device.

  • S.C. Code 56-5-3890
Where it applies →

Moderate bodily injury

Injury involving prolonged loss of consciousness, temporary or moderate disfigurement or loss of function, a fracture or dislocation, or treatment needing regional or general anesthesia.

Also called moderate injury

Injury involving prolonged loss of consciousness, temporary or moderate disfigurement or loss of function, a fracture or dislocation, or treatment needing regional or general anesthesia.

What it is not

It does not include scratches, cuts, bruises and other minor injuries that do not ordinarily need extensive care.

  • S.C. Code 16-3-600
Where it applies →

Multi-lane highway

For the school bus rule, a highway or private road with four or more traffic lanes, at least two in each direction, on which a driver going the opposite way need not stop for a stopped bus.

Also called divided highway

For the school bus rule, a highway or private road with four or more traffic lanes, at least two in each direction, on which a driver going the opposite way need not stop for a stopped bus.

Where it applies →

N

NO CONCEALABLE WEAPONS ALLOWED

The words of the sign an employer or property owner posts to request that concealable weapons not be brought onto the premises. It must show the words and a crossed out handgun at each entrance, in the sizes the sign section sets.

Also called no guns sign

The words of the sign an employer or property owner posts to request that concealable weapons not be brought onto the premises. It must show the words and a crossed out handgun at each entrance, in the sizes the sign section sets.

What it is not

Carrying past it is charged as trespass after warning rather than under the section listing barred places.

Where it applies →

Notice of pendency

The notice of an action that, with a suit to enforce the lien, must be filed within six months after the claimant stops work, or the lien is dissolved.

Also called lis pendens

The notice of an action that, with a suit to enforce the lien, must be filed within six months after the claimant stops work, or the lien is dissolved.

Where it applies →

Notice to creditors

The notice a personal representative publishes once a week for three successive weeks, telling creditors to present their claims within eight months after the first publication or be forever barred.

Also called creditor notice

The notice a personal representative publishes once a week for three successive weeks, telling creditors to present their claims within eight months after the first publication or be forever barred.

Where it applies →

O

Open container

Beer or wine in an open container in a motor vehicle on a public highway, outside the trunk or luggage compartment, which is a misdemeanor. Beer or wine there means any containing one-half of one percent or more of alcohol.

Also called open beer

Beer or wine in an open container in a motor vehicle on a public highway, outside the trunk or luggage compartment, which is a misdemeanor. Beer or wine there means any containing one-half of one percent or more of alcohol.

Where it applies →

Order of protection

A family court order protecting a household member from abuse, which may bar the respondent from abusing, contacting or approaching the petitioner, for a fixed time of not less than six months nor more than one year.

Also called protective order

A family court order protecting a household member from abuse, which may bar the respondent from abusing, contacting or approaching the petitioner, for a fixed time of not less than six months nor more than one year.

What it is not

It is not a restraining order against a stranger or former partner outside the household, which comes from magistrates court.

Where it applies →

Ouster

A landlord unlawfully removing or excluding a tenant from the premises, which lets the tenant recover possession or end the agreement and recover three months' rent or twice the actual damages, whichever is greater.

Also called lockout, self help eviction

A landlord unlawfully removing or excluding a tenant from the premises, which lets the tenant recover possession or end the agreement and recover three months' rent or twice the actual damages, whichever is greater.

  • S.C. Code 27-40-660
Where it applies →

Overage

What a tax sale brings in beyond the taxes, penalties and costs owed. After any municipal tax liens, it belongs to the owner of record just before the redemption period ended, and goes to the county if unclaimed within five years.

Also called excess proceeds

What a tax sale brings in beyond the taxes, penalties and costs owed. After any municipal tax liens, it belongs to the owner of record just before the redemption period ended, and goes to the county if unclaimed within five years.

  • S.C. Code 12-51-130
Where it applies →

Own recognizance

Release pending trial on the person's own promise, without surety, in an amount the court sets. A person charged with a noncapital offense is released this way unless the court finds a reason the section names not to.

Also called PR bond, personal recognizance

Release pending trial on the person's own promise, without surety, in an amount the court sets. A person charged with a noncapital offense is released this way unless the court finds a reason the section names not to.

  • S.C. Code 17-15-10
Where it applies →

P

Paraphernalia

An object a court finds, weighing the factors the section lists such as residue, nearness to drugs and how it was sold, to be for drug use. Possessing or selling it carries a civil fine.

Also called drug paraphernalia

An object a court finds, weighing the factors the section lists such as residue, nearness to drugs and how it was sold, to be for drug use. Possessing or selling it carries a civil fine.

What it is not

A civil fine for it carries no disability or legal disadvantage based on a criminal conviction.

Where it applies →

Parenting plan

The plan each parent files at a contested custody hearing, setting out parenting time and major decisions on education, health care, activities and religious training.

Also called custody schedule

The plan each parent files at a contested custody hearing, setting out parenting time and major decisions on education, health care, activities and religious training.

Where it applies →

Peeping tom

A person who peeps through windows, doors or similar places on or about another's premises to spy on or invade the privacy of the people there, including by using video or audio equipment for that purpose.

Also called eavesdropper

A person who peeps through windows, doors or similar places on or about another's premises to spy on or invade the privacy of the people there, including by using video or audio equipment for that purpose.

Where it applies →

Permanent unconsciousness

A condition two physicians may certify for a declaration to take effect, ordinarily after the person has been unconscious for at least ninety consecutive days.

Also called persistent vegetative state

A condition two physicians may certify for a declaration to take effect, ordinarily after the person has been unconscious for at least ninety consecutive days.

  • S.C. Code 44-77-30
Where it applies →

Petit larceny

Simple larceny of goods worth $2,000 or less, a misdemeanor tried in magistrates or municipal court.

Also called petty theft, shoplifting

Simple larceny of goods worth $2,000 or less, a misdemeanor tried in magistrates or municipal court.

What it is not

Above $2,000 it is grand larceny, a felony.

Where it applies →

Precept

The document an arrest is made under. An officer may not neglect, on request, to show it to the person arrested or someone acting for them.

Also called warrant, process

The document an arrest is made under. An officer may not neglect, on request, to show it to the person arrested or someone acting for them.

Where it applies →

Pretrial intervention

A solicitor's program that ends, on successful completion, in a noncriminal disposition of the charge, after which the person may ask the court to destroy the arrest records.

Also called PTI

A solicitor's program that ends, on successful completion, in a noncriminal disposition of the charge, after which the person may ask the court to destroy the arrest records.

What it is not

It is not a conviction, and no written admission of guilt is required to enter it.

  • S.C. Code 17-22-150
Where it applies →

Prima facie guilty

What possessing more than the amounts the drug section lists, such as more than one ounce of marijuana, makes a person of possession with intent to distribute.

Also called presumed intent to distribute

What possessing more than the amounts the drug section lists, such as more than one ounce of marijuana, makes a person of possession with intent to distribute.

Where it applies →

Primary aggressor

The person an officer decides, weighing the factors the section lists, was the main physical aggressor when household members make conflicting complaints of domestic violence. The officer must not then arrest the other person.

Also called primary physical aggressor

The person an officer decides, weighing the factors the section lists, was the main physical aggressor when household members make conflicting complaints of domestic violence. The officer must not then arrest the other person.

  • S.C. Code 16-25-70
Where it applies →

Proof of financial responsibility

Evidence of insurance the owner keeps in the vehicle and displays on an officer's demand, which may be shown on a mobile device in the insurer's format.

Also called insurance card

Evidence of insurance the owner keeps in the vehicle and displays on an officer's demand, which may be shown on a mobile device in the insurer's format.

What it is not

Showing it on a phone does not open the phone to a search without a warrant or the owner's written consent.

  • S.C. Code 56-10-225
Where it applies →

Provisional ballot

A ballot cast by a voter who cannot produce the required photo identification, counted only if the voter brings a valid photo identification to the county board before the canvass is certified.

Also called fail-safe ballot

A ballot cast by a voter who cannot produce the required photo identification, counted only if the voter brings a valid photo identification to the county board before the canvass is certified.

  • S.C. Code 7-13-710
Where it applies →

Public disorderly conduct

Being grossly intoxicated or disorderly in a public place, using obscene or profane language in public or near a school or church, or firing a gun near a public road while under the influence, each a misdemeanor.

Also called drunk and disorderly

Being grossly intoxicated or disorderly in a public place, using obscene or profane language in public or near a school or church, or firing a gun near a public road while under the influence, each a misdemeanor.

  • S.C. Code 16-17-530
Where it applies →

Public record

A record of a public body, which a person has a right to inspect, copy or receive electronically, except as the exemptions or other laws provide, at fees no more than the actual cost.

Also called FOIA record

A record of a public body, which a person has a right to inspect, copy or receive electronically, except as the exemptions or other laws provide, at fees no more than the actual cost.

  • S.C. Code 30-4-30
Where it applies →

Purple paint

One of two ways to post land against entry: a vertical purple line at least eight inches long and two inches wide, three to six feet off the ground, on permanent objects no more than one hundred yards apart.

Also called purple paint law

One of two ways to post land against entry: a vertical purple line at least eight inches long and two inches wide, three to six feet off the ground, on permanent objects no more than one hundred yards apart.

Where it applies →

Q

Qualified interpreter

A person eighteen years of age or older, not a family member of a party or witness, able to interpret simultaneously and consecutively and to sight translate documents, whom the court appoints in a criminal case for a person who does not speak or understand English well enough.

Also called court interpreter

A person eighteen years of age or older, not a family member of a party or witness, able to interpret simultaneously and consecutively and to sight translate documents, whom the court appoints in a criminal case for a person who does not speak or understand English well enough.

Where it applies →

R

Reassessment

The county's appraisal and equalization of property once every fifth year, with notice to every taxpayer whose value or classification changes by $1,000 or more.

Also called equalization

The county's appraisal and equalization of property once every fifth year, with notice to every taxpayer whose value or classification changes by $1,000 or more.

Where it applies →

Reckless driving

Driving any vehicle in a way that indicates a wilful or wanton disregard for the safety of persons or property.

Also called careless driving

Driving any vehicle in a way that indicates a wilful or wanton disregard for the safety of persons or property.

Where it applies →

Redemption period

The twelve months after a delinquent tax sale during which the owner, a grantee or a creditor may get the property back by paying the taxes, penalties and costs with interest on the bid.

Also called right to redeem

The twelve months after a delinquent tax sale during which the owner, a grantee or a creditor may get the property back by paying the taxes, penalties and costs with interest on the bid.

  • S.C. Code 12-51-90
Where it applies →

Reinstatement fee

The fee, set at $600 and adjusted yearly, an owner of an uninsured vehicle pays before the department reissues the license, registrations and plates it suspended.

Also called uninsured motorist fee

The fee, set at $600 and adjusted yearly, an owner of an uninsured vehicle pays before the department reissues the license, registrations and plates it suspended.

  • S.C. Code 56-10-520
Where it applies →

Rental-purchase agreement

An agreement to use household goods for an initial period of four months or less, renewable with each payment, that lets the renter become the owner.

Also called rent to own

An agreement to use household goods for an initial period of four months or less, renewable with each payment, that lets the renter become the owner.

What it is not

It is not a credit sale or a loan; the renter owns nothing until the payments are made or the buyout is paid.

  • S.C. Code 37-2-701
Where it applies →

Repetitive trauma

An injury for which notice is due within ninety days of when the employee discovered, or with reasonable diligence could have discovered, that the condition is compensable.

Also called repetitive stress injury

An injury for which notice is due within ninety days of when the employee discovered, or with reasonable diligence could have discovered, that the condition is compensable.

  • S.C. Code 42-15-20
Where it applies →

Required reporter

A professional, such as a doctor, teacher, counselor, police officer or childcare worker, who must report when information received in that professional capacity gives reason to believe a child has been or may be abused or neglected.

Also called mandated reporter

A professional, such as a doctor, teacher, counselor, police officer or childcare worker, who must report when information received in that professional capacity gives reason to believe a child has been or may be abused or neglected.

What it is not

Telling a supervisor does not satisfy the duty; the duty is the reporter's own.

Where it applies →

Resisting arrest

Knowingly and wilfully opposing or resisting an officer serving process, or resisting an arrest by someone the person knows or reasonably should know is an officer.

Also called opposing an officer

Knowingly and wilfully opposing or resisting an officer serving process, or resisting an arrest by someone the person knows or reasonably should know is an officer.

What it is not

Assaulting, beating or wounding the officer while doing it is a separate felony.

  • S.C. Code 16-9-320
Where it applies →

Restraining order

A magistrates court order against a person engaged in harassment or stalking, lasting a fixed period of not less than one year and enforceable throughout the state.

Also called harassment restraining order

A magistrates court order against a person engaged in harassment or stalking, lasting a fixed period of not less than one year and enforceable throughout the state.

  • S.C. Code 16-3-1750
Where it applies →

Retaliatory conduct

A landlord raising rent above fair market value, decreasing essential services or bringing an action for possession after a tenant complained to a code enforcement agency or to the landlord.

Also called retaliation

A landlord raising rent above fair market value, decreasing essential services or bringing an action for possession after a tenant complained to a code enforcement agency or to the landlord.

Where it applies →

Right to cure

A consumer's right, after a written notice from the creditor, to pay all unpaid sums due plus delinquency charges and continue the contract as though the default had not happened.

Also called cure notice

A consumer's right, after a written notice from the creditor, to pay all unpaid sums due plus delinquency charges and continue the contract as though the default had not happened.

What it is not

It is given once. After a creditor has sent the notice, a later default on the same obligation carries no new right to cure.

Where it applies →

Riot

The crime of participating in a riot by being present, instigating, promoting or aiding it, graded by its purpose and by whether the person carried a weapon, was disguised or urged others to force or violence.

Also called rout, affray

The crime of participating in a riot by being present, instigating, promoting or aiding it, graded by its purpose and by whether the person carried a weapon, was disguised or urged others to force or violence.

What it is not

The section says it must not be construed to prevent the peaceable assembling of persons for lawful purposes of protest or petition.

  • S.C. Code 16-5-130
Where it applies →

Route restricted license

A license a person convicted of a first or second offense of driving under suspension, who works or is in college, may apply for, to drive only to and from work or school and in the course of them.

Also called work license

A license a person convicted of a first or second offense of driving under suspension, who works or is in college, may apply for, to drive only to and from work or school and in the course of them.

  • S.C. Code 56-1-460
Where it applies →

Rule to vacate or show cause

The written rule a magistrate issues on a landlord's application, requiring the tenant to leave or to show cause before the magistrate why not, within ten days after it is served.

Also called eviction notice from court

The written rule a magistrate issues on a landlord's application, requiring the tenant to leave or to show cause before the magistrate why not, within ten days after it is served.

Where it applies →

Running at large

A dog off property its owner owns, rents or controls. Where a county or city has adopted penalties, allowing it is a misdemeanor with a $50 fine for a first offense.

Also called loose dog

A dog off property its owner owns, rents or controls. Where a county or city has adopted penalties, allowing it is a misdemeanor with a $50 fine for a first offense.

  • S.C. Code 47-3-50
Where it applies →

S

Search warrant

A judicial officer's written order, issued on a sworn affidavit, identifying property and naming or describing the person or place to be searched, which must be executed and returned within ten days after it is dated.

Also called warrant

A judicial officer's written order, issued on a sworn affidavit, identifying property and naming or describing the person or place to be searched, which must be executed and returned within ten days after it is dated.

Where it applies →

Security/rental deposit

Property or money a landlord holds as security, returned at the end of the tenancy less accrued rent and damages from the tenant's failure to keep up the unit, with any deduction itemized in writing.

Also called security deposit, deposit

Property or money a landlord holds as security, returned at the end of the tenancy less accrued rent and damages from the tenant's failure to keep up the unit, with any deduction itemized in writing.

What it is not

Failing to return it with the notice can cost the landlord three times the amount wrongfully withheld.

Where it applies →

Separation from the payroll

An employee's leaving the payroll for any reason, after which all wages due are paid within forty-eight hours or by the next regular payday no more than thirty days away.

Also called leaving a job, termination

An employee's leaving the payroll for any reason, after which all wages due are paid within forty-eight hours or by the next regular payday no more than thirty days away.

What it is not

It covers quitting as well as being fired; the section says for any reason.

Where it applies →

Small estate affidavit

The affidavit a successor presents, thirty days after a death and countersigned by the probate judge, to collect property from a probate estate worth no more than $45,000.

Also called affidavit of collection

The affidavit a successor presents, thirty days after a death and countersigned by the probate judge, to collect property from a probate estate worth no more than $45,000.

Where it applies →

Stalking

A pattern of words or conduct that serves no legitimate purpose and is meant to cause, and causes, a reasonable fear of death, assault, bodily injury, sexual contact, kidnapping or property damage to the person or family.

Also called cyberstalking

A pattern of words or conduct that serves no legitimate purpose and is meant to cause, and causes, a reasonable fear of death, assault, bodily injury, sexual contact, kidnapping or property damage to the person or family.

What it is not

A single act is not a pattern; a pattern is two or more acts showing a continuity of purpose.

Where it applies →

Sunscreen device

Film or other material added to a vehicle's windows after the factory. On the side and rear windows, combined with the glass, it must let through not less than twenty-seven percent of the light.

Also called window tint

Film or other material added to a vehicle's windows after the factory. On the side and rear windows, combined with the glass, it must let through not less than twenty-seven percent of the light.

Where it applies →

T

Total disability

Incapacity for work that is total, for which the employer pays weekly compensation of sixty-six and two-thirds percent of average weekly wages, for up to five hundred weeks in most cases.

Also called TTD

Incapacity for work that is total, for which the employer pays weekly compensation of sixty-six and two-thirds percent of average weekly wages, for up to five hundred weeks in most cases.

  • S.C. Code 42-9-10
Where it applies →

Trespass after notice

Entering another's dwelling, business or premises without legal cause after being warned not to, or failing to leave immediately when the person in possession asks.

Also called trespass after warning

Entering another's dwelling, business or premises without legal cause after being warned not to, or failing to leave immediately when the person in possession asks.

  • S.C. Code 16-11-620
Where it applies →

U

Unlawful alcohol concentration

Driving with an alcohol concentration of eight one-hundredths of one percent or more, an offense of its own.

Also called DUAC

Driving with an alcohol concentration of eight one-hundredths of one percent or more, an offense of its own.

Where it applies →

Unlawful employment practice

An employer's refusing to hire, discharging or otherwise discriminating against an individual because of race, religion, color, sex, age, national origin or disability, or the other acts the section lists.

Also called job discrimination

An employer's refusing to hire, discharging or otherwise discriminating against an individual because of race, religion, color, sex, age, national origin or disability, or the other acts the section lists.

Where it applies →

Upset bid

A higher bid entered after a judicial foreclosure sale, while the bidding stays open until the thirtieth day after it, by anyone other than the highest bidder, with the required deposit.

Also called raised bid

A higher bid entered after a judicial foreclosure sale, while the bidding stays open until the thirtieth day after it, by anyone other than the highest bidder, with the required deposit.

  • S.C. Code 15-39-720
Where it applies →

Urban district

Territory built up with businesses or houses less than one hundred feet apart for a quarter of a mile or more, where thirty miles an hour is the maximum speed.

Also called in town

Territory built up with businesses or houses less than one hundred feet apart for a quarter of a mile or more, where thirty miles an hour is the maximum speed.

Where it applies →

V

Verified voluntary acknowledgment

A signed acknowledgment of paternity that creates a legal finding of paternity, which a signatory may rescind within sixty days or by the date of a proceeding about the child, whichever is earlier.

Also called acknowledgment of paternity

A signed acknowledgment of paternity that creates a legal finding of paternity, which a signatory may rescind within sixty days or by the date of a proceeding about the child, whichever is earlier.

Where it applies →

Victim impact statement

A victim's written or oral statement that the court hears or reviews before sentencing. It is given to the defense only after a finding of guilt and is not admissible as evidence at trial.

Also called victim statement at sentencing

A victim's written or oral statement that the court hears or reviews before sentencing. It is given to the defense only after a finding of guilt and is not admissible as evidence at trial.

  • S.C. Code 16-3-1550
Where it applies →

Voyeurism

Knowingly viewing, photographing, recording or filming another person without their knowledge and consent, while they are in a place where they would have a reasonable expectation of privacy, to arouse or gratify sexual desire.

Also called secret filming

Knowingly viewing, photographing, recording or filming another person without their knowledge and consent, while they are in a place where they would have a reasonable expectation of privacy, to arouse or gratify sexual desire.

What it is not

Selling or distributing such a recording is a separate and heavier crime, aggravated voyeurism.

Where it applies →

W

Willful violation

Under the Unfair Trade Practices Act, a violation where the business knew or should have known its conduct was unlawful. It triples the actual damages.

Also called knowing violation

Under the Unfair Trade Practices Act, a violation where the business knew or should have known its conduct was unlawful. It triples the actual damages.

Where it applies →

Writ of ejectment

The magistrate's order to remove the tenant. The constable or deputy sheriff presents it and gives the occupants twenty-four hours to leave voluntarily.

Also called warrant of ejectment, eviction order

The magistrate's order to remove the tenant. The constable or deputy sheriff presents it and gives the occupants twenty-four hours to leave voluntarily.

Where it applies →

Wrongful act

An act, neglect or default causing a death that would have let the injured person sue had they lived, which makes the person responsible liable to an action for damages.

Also called wrongful death

An act, neglect or default causing a death that would have let the injured person sue had they lived, which makes the person responsible liable to an action for damages.

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 South Carolina attorney answers and a glossary cannot. Current as of October 2026.