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

49 terms

A

Actual notice

Notice the other side actually receives, which is what the tenancy statute counts its periods from.

Notice the other side actually receives, which is what the tenancy statute counts its periods from.

What it is not

The termination date must be stated specifically in the notice.

  • 9 V.S.A. § 4467
Where it applies →

Actual physical control

Being in a position to operate a vehicle on a highway, which the impaired driving section treats like operating or attempting to operate it.

Being in a position to operate a vehicle on a highway, which the impaired driving section treats like operating or attempting to operate it.

What it is not

A person need not be driving the car for the section to reach them.

  • 23 V.S.A. § 1201
Where it applies →

Aggravated assault

Causing serious bodily injury, causing bodily injury with a deadly weapon, or threatening with a deadly weapon, among other forms.

Causing serious bodily injury, causing bodily injury with a deadly weapon, or threatening with a deadly weapon, among other forms.

What it is not

Serious injury, not the weapon alone, is what carries up to 15 years.

Where it applies →

Aggravated disorderly conduct

A course of conduct directed at a specific person to annoy them or disturb their peace, through fighting, unreasonable noise, public abusive language, or threats.

A course of conduct directed at a specific person to annoy them or disturb their peace, through fighting, unreasonable noise, public abusive language, or threats.

What it is not

It is not the public version; it is targeted at one person, and carries up to 180 days.

Where it applies →

C

Civil suspension

The license suspension that follows an officer's affidavit of a refusal or a test at or over the limit, decided in its own hearing apart from the criminal case.

Also called summary suspension

The license suspension that follows an officer's affidavit of a refusal or a test at or over the limit, decided in its own hearing apart from the criminal case.

What it is not

It is not a conviction, and it runs on its own clock: six months on a refusal, 90 days on a test over the limit.

  • 23 V.S.A. § 1205
Where it applies →

Consensual guardianship

A guardianship of a child that the parents consent to, on a written agreement covering duties, length and contact.

A guardianship of a child that the parents consent to, on a written agreement covering duties, length and contact.

What it is not

It ends on the parent's motion unless the guardian proves within 30 days that the child still needs one.

Where it applies →

Criminal threatening

Knowingly threatening someone by words or conduct so that they reasonably fear death, serious bodily injury or sexual assault.

Knowingly threatening someone by words or conduct so that they reasonably fear death, serious bodily injury or sexual assault.

What it is not

A threat aimed at a school, library, place of worship, polling place or government building carries more.

Where it applies →

D

Dangerous weapon

For an extreme risk order, an explosive or a firearm.

For an extreme risk order, an explosive or a firearm.

What it is not

Ammunition and its components are not explosives under the definition.

Where it applies →

Derivative proceeds

What is bought or gained with money from drug sales, which can be forfeited.

What is bought or gained with money from drug sales, which can be forfeited.

What it is not

A family's primary residence is not derivative proceeds.

Where it applies →

Disorderly conduct

Fighting, unreasonable noise, abusive language in public, disturbing a lawful meeting, or blocking traffic, meant to cause or recklessly risking public inconvenience or annoyance.

Fighting, unreasonable noise, abusive language in public, disturbing a lawful meeting, or blocking traffic, meant to cause or recklessly risking public inconvenience or annoyance.

What it is not

The aggravated form is a course of conduct aimed at one specific person.

Where it applies →

Durable power of attorney

A power of attorney that survives the principal's incapacity, which is the default unless it says otherwise.

A power of attorney that survives the principal's incapacity, which is the default unless it says otherwise.

What it is not

It does not need the word durable to be durable.

  • 14 V.S.A. § 4004
Where it applies →

Dwelling unit

A building, or part of one, used as a primary home, residence or sleeping place by people who keep a household, which is what the home grow limit counts by.

A building, or part of one, used as a primary home, residence or sleeping place by people who keep a household, which is what the home grow limit counts by.

What it is not

The plant limit is per dwelling unit, not per adult.

  • 18 V.S.A. § 4230e
Where it applies →

E

Earned sick time

Paid time an employee accrues at not less than one hour for every 52 hours worked.

Also called paid sick leave

Paid time an employee accrues at not less than one hour for every 52 hours worked.

What it is not

An employer may make a new hire wait up to a year to use it.

Where it applies →

Elective share

A surviving spouse's right to take one-half of the probate estate instead of what the will leaves.

A surviving spouse's right to take one-half of the probate estate instead of what the will leaves.

What it is not

A valid written waiver signed earlier gives the right up.

  • 14 V.S.A. § 319
Where it applies →

Eluding a police officer

Failing to stop when signaled by an officer displaying insignia, or by a police vehicle with a siren and blue lights.

Also called attempting to elude

Failing to stop when signaled by an officer displaying insignia, or by a police vehicle with a siren and blue lights.

What it is not

It is separate from resisting arrest, and it carries more when driven negligently or when someone is seriously hurt.

Where it applies →

Executive session

The part of a public body's meeting closed to the public, entered only by an open vote on a motion stating its nature, for listed subjects.

Also called closed session

The part of a public body's meeting closed to the public, entered only by an open vote on a motion stating its nature, for listed subjects.

What it is not

No binding action is taken in it, apart from real estate options.

Where it applies →

Extreme risk protection order

A Family Division order barring a person who poses an extreme risk of harm from buying, possessing or receiving a dangerous weapon, for up to six months.

Also called red flag order, ERPO

A Family Division order barring a person who poses an extreme risk of harm from buying, possessing or receiving a dangerous weapon, for up to six months.

What it is not

It is not a criminal charge, and an emergency order lasts only up to 14 days.

  • 13 V.S.A. § 4053
Where it applies →

F

False pretenses

Obtaining money, property, a release of a debt or a signature by a false pretense or false token with intent to defraud.

Obtaining money, property, a release of a debt or a signature by a false pretense or false token with intent to defraud.

What it is not

The maximum turns on whether the value is over $900.

Where it applies →

Financial responsibility

The liability policy or bond of at least $25,000 for one person, $50,000 for two or more, and $10,000 for property that every owner and driver must carry.

Also called proof of insurance

The liability policy or bond of at least $25,000 for one person, $50,000 for two or more, and $10,000 for property that every owner and driver must carry.

What it is not

Proof may be shown on a phone without consenting to a look at anything else on it.

  • 23 V.S.A. § 800
Where it applies →

G

Grand larceny

Stealing money or property worth more than $900, carrying up to 10 years.

Stealing money or property worth more than $900, carrying up to 10 years.

What it is not

At $900 or less it is petit larceny, up to one year.

Where it applies →

Gross misconduct

Flagrant, wanton, intentional disregard of the employer's interest, such as theft, fraud or intoxication.

Flagrant, wanton, intentional disregard of the employer's interest, such as theft, fraud or intoxication.

What it is not

Ordinary misconduct disqualifies for a set number of weeks; gross misconduct until new earnings pass a threshold.

Where it applies →

H

Hindering arrest

Intentionally hindering a law enforcement officer's arrest of another person.

Intentionally hindering a law enforcement officer's arrest of another person.

What it is not

Resisting is the word for one's own arrest; hindering is about someone else's.

Where it applies →

I

Identifying information

A person's name, birth date, social security and account numbers, passwords, photos, and health and financial records, among other details.

A person's name, birth date, social security and account numbers, passwords, photos, and health and financial records, among other details.

What it is not

Using it is identity theft only when the purpose is to commit a crime, or when it is passed on so another can.

Where it applies →

Immediate family member

For a private gun transfer, a spouse, parent, child, sibling, grandparent or great grandparent, grandchild or great grandchild, and their step relations.

For a private gun transfer, a spouse, parent, child, sibling, grandparent or great grandparent, grandchild or great grandchild, and their step relations.

What it is not

Aunts, uncles, nieces, nephews and cousins are not on the list, so a transfer to them goes through a dealer.

  • 13 V.S.A. § 4019
Where it applies →

L

Large capacity ammunition feeding device

A magazine, belt, drum or similar device holding more than 10 rounds for a long gun or more than 15 for a handgun.

Also called high capacity magazine

A magazine, belt, drum or similar device holding more than 10 rounds for a long gun or more than 15 for a handgun.

What it is not

Devices lawfully possessed before the section took effect are excepted.

  • 13 V.S.A. § 4021
Where it applies →

Learner's permit

The permit that lets an unlicensed person 15 or older drive with a licensed parent or guardian, an instructor, an examiner, or a licensed person at least 25 beside them.

Also called permit

The permit that lets an unlicensed person 15 or older drive with a licensed parent or guardian, an instructor, an examiner, or a licensed person at least 25 beside them.

What it is not

A licensed adult under 25 is not a qualified supervisor unless a parent, guardian, instructor or examiner.

Where it applies →

M

Maintenance

Support one spouse may be ordered to pay the other, rehabilitative or long term.

Also called alimony, spousal support

Support one spouse may be ordered to pay the other, rehabilitative or long term.

What it is not

It turns on need and the marital standard of living, not on fault.

Where it applies →

N

Negligent operation

Driving on a public highway in a negligent manner, judged by ordinary negligence: whether the driver breached the duty to use ordinary care.

Also called careless driving

Driving on a public highway in a negligent manner, judged by ordinary negligence: whether the driver breached the duty to use ordinary care.

What it is not

It is a crime, not a ticket, carrying up to one year.

  • 23 V.S.A. § 1091
Where it applies →

Notice of intention to suspend

The notice an officer serves after a refusal or a test over the limit, with a form to request a hearing.

The notice an officer serves after a refusal or a test over the limit, with a form to request a hearing.

What it is not

It is not the suspension itself: a hearing request within seven days keeps it from taking effect until the court orders it.

  • 23 V.S.A. § 1205
Where it applies →

O

Obstruction of justice

Corruptly, or by threats or force, intimidating or impeding a witness, juror or court officer, or obstructing the administration of justice.

Also called witness intimidation

Corruptly, or by threats or force, intimidating or impeding a witness, juror or court officer, or obstructing the administration of justice.

What it is not

It also reaches injuring a witness or damaging their property because of their part in a case.

Where it applies →

P

Parental leave

Leave for pregnancy, recovery from childbirth or miscarriage, a birth, or the placement of a child for adoption or foster care.

Leave for pregnancy, recovery from childbirth or miscarriage, a birth, or the placement of a child for adoption or foster care.

What it is not

It is unpaid unless the employee uses accrued paid leave.

Where it applies →

Parental rights and responsibilities

The rights and duties a court divides, shares, or awards to one parent, in the child's best interests.

Also called custody

The rights and duties a court divides, shares, or awards to one parent, in the child's best interests.

What it is not

A parent without them still has access to the child's records unless a court orders otherwise.

  • 15 V.S.A. § 665
Where it applies →

Passenger area

The part of a vehicle meant to seat the driver and passengers and anything within their reach, including an unlocked glove compartment.

The part of a vehicle meant to seat the driver and passengers and anything within their reach, including an unlocked glove compartment.

What it is not

A locked glove compartment is outside it, and so is the area behind the last upright seat in a car with no trunk.

  • 23 V.S.A. § 1134
Where it applies →

Portable electronic device

A phone or similar device, which a driver may not use while operating on a public highway except hands-free or as a mounted navigation system.

Also called handheld device

A phone or similar device, which a driver may not use while operating on a public highway except hands-free or as a mounted navigation system.

What it is not

Operating includes waiting at a light or stopped in traffic on the highway.

  • 23 V.S.A. § 1095b
Where it applies →

Protected tenant

A tenant who reasonably fears imminent harm from abuse, sexual assault or stalking, or who was sexually assaulted on the premises, and may end a lease early.

A tenant who reasonably fears imminent harm from abuse, sexual assault or stalking, or who was sexually assaulted on the premises, and may end a lease early.

What it is not

The tenant gives written notice and documentation at least 30 days ahead.

  • 9 V.S.A. § 4472
Where it applies →

Public record

A record of a public agency, which any person may inspect or copy unless the law exempts it.

A record of a public agency, which any person may inspect or copy unless the law exempts it.

What it is not

The agency, not the requester, bears the burden of justifying a denial.

  • 1 V.S.A. § 316
Where it applies →

R

Recklessly endangering another person

Recklessly placing another person in danger of death or serious bodily injury.

Also called reckless endangerment

Recklessly placing another person in danger of death or serious bodily injury.

What it is not

Pointing a firearm at someone is presumed to be it, whether or not the gun was loaded.

  • 13 V.S.A. § 1025
Where it applies →

Retail theft

Taking merchandise without paying, switching price tags, or moving goods between containers to pay less, meaning to wrongfully deprive the merchant.

Also called shoplifting

Taking merchandise without paying, switching price tags, or moving goods between containers to pay less, meaning to wrongfully deprive the merchant.

What it is not

The penalties step up at $250 and $900 in value, and with a repeat offense.

Where it applies →

S

Security deposit

Money a landlord holds against unpaid rent, damage beyond normal wear and tear, unpaid utilities owed, and removing abandoned belongings.

Money a landlord holds against unpaid rent, damage beyond normal wear and tear, unpaid utilities owed, and removing abandoned belongings.

What it is not

It is not a fund for ordinary wear and tear, and missing the 14 day return forfeits it.

Where it applies →

Seeking medical assistance

Getting professional help for someone experiencing an overdose, including giving care while waiting for it to arrive.

Getting professional help for someone experiencing an overdose, including giving care while waiting for it to arrive.

What it is not

The protection covers evidence gained from the call, not evidence from an independent source.

  • 18 V.S.A. § 4254
Where it applies →

Short term family leave

Unpaid leave of up to four hours in 30 days and 24 hours a year for a family member's school, medical or emergency needs.

Unpaid leave of up to four hours in 30 days and 24 hours a year for a family member's school, medical or emergency needs.

What it is not

It is in addition to the longer family leave.

Where it applies →

Simple assault

Causing or trying to cause bodily injury, or menacing someone with fear of serious injury.

Causing or trying to cause bodily injury, or menacing someone with fear of serious injury.

What it is not

A fight entered by mutual consent is still simple assault, with a lower maximum.

Where it applies →

Small estate

An estate of not more than $45,000, entirely personal property, that can be opened with a short list of papers.

An estate of not more than $45,000, entirely personal property, that can be opened with a short list of papers.

What it is not

Real estate keeps an estate out of the small estate procedure.

  • 14 V.S.A. § 1901
Where it applies →

Straw purchase

Buying a firearm for someone the buyer knows or should know is barred from having one, or who means to carry it in a felony.

Buying a firearm for someone the buyer knows or should know is barred from having one, or who means to carry it in a felony.

What it is not

Buying under threats or coercion is not a violation.

  • 13 V.S.A. § 4025
Where it applies →

T

Theft of services

Obtaining services known to be available only for pay, by deception, threat, a false token or another way of avoiding payment.

Also called dine and dash

Obtaining services known to be available only for pay, by deception, threat, a false token or another way of avoiding payment.

What it is not

Leaving a hotel or restaurant without paying is presumed deception, though it can be rebutted.

Where it applies →

V

Vulnerable user

A person on foot, on a bicycle, or otherwise unprotected by a vehicle, whom a passing driver gives due care and increased clearance.

A person on foot, on a bicycle, or otherwise unprotected by a vehicle, whom a passing driver gives due care and increased clearance.

What it is not

The clearance is at least four feet, not a matter of judgment.

  • 23 V.S.A. § 1033
Where it applies →

W

Warranty of habitability

The promise in every residential rental that the premises are safe, clean and fit to live in, including safe heat and adequate water.

The promise in every residential rental that the premises are safe, clean and fit to live in, including safe heat and adequate water.

What it is not

It cannot be waived by the lease.

  • 9 V.S.A. § 4457
Where it applies →

Writ of possession

The court order the sheriff serves after a landlord wins an eviction, putting the landlord in possession.

The court order the sheriff serves after a landlord wins an eviction, putting the landlord in possession.

What it is not

The sheriff acts no earlier than 14 days after serving it.

  • 12 V.S.A. § 4854
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 Vermont attorney answers and a glossary cannot. Current as of October 2026.