California Codes > Government Code > Title 4 > Division 3 > Part 2
California Codes > Government Code > Title 4 > Division 3 > Part 2 – LEGISLATIVE BODY
Chapter 1 Organization
Chapter 2 Ordinances
Chapter 3 General Powers
Chapter 4 Financial Powers
Chapter 5 City Property
Chapter 7 Park and Playground Act of 1909
Chapter 8 Parks Outside City Limits
Chapter 9 Discontinuance of Parks
Chapter 10 Health and Safety
Chapter 11 Sewers Generally
Chapter 13 Weed and Rubbish Abatement
Chapter 14 Municipal and Public Utilities
Chapter 15 Rivers, Streams, and Harbors
Chapter 16 Advertising
Chapter 17 Census
Chapter 18 Public Works
Chapter 19 Surplus United States Property
Terms Used In California Codes > Government Code > Title 4 > Division 3 > Part 2
Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
Accepted credit card: means any credit card that the cardholder has requested or applied for and received or has signed, or has used, or has authorized another person to use, for the purpose of obtaining money, property, labor, or services on credit. See California Government Code 40236
acquire: includes , but is not restricted to, taking by condemnation, purchase, or lease and receiving by donation or dedication. See California Government Code 40576
Acquire: means acquisition by purchase, grant, gift, or any other lawful means. See California Government Code 40516
Acquiring district: means a district in which all or a part of a state-aided district or an applicant district has been included. See California Education Code 16150
Act: means this chapter. See California Government Code 27502
Adequate notice: means a printed notice to a cardholder that sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning. See California Government Code 40236
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Affiliated company: as used in this division , is a company under substantially the same management or control, directly or indirectly, as the industrial loan company. See California Health and Safety Code 13143.7
Agreement: includes but is not limited to agreements providing for valuations, appraisals and similar proceedings and agreements between employers and employees or between their respective representatives. See California Government Code 38733
Allegation: something that someone says happened.
Ancillary obligation: means an obligation of the state entered into in connection with any bonds issued under this title, including the following:
California Government Code 27288.2
Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Apportionment: means an apportionment made under this chapter unless the context otherwise requires. See California Education Code 16002
Appraisal: A determination of property value.
aquaculture: means the culture and husbandry of aquatic organisms, including, but not limited to, fish, shellfish, mollusks, crustaceans, kelp, and algae. See California Government Code 39578
Arrest: Taking physical custody of a person by lawful authority.
asbestos consultant: as used in this chapter , means any person who contracts to provide professional health and safety services relating to asbestos-containing material, as defined in subdivision (b) of Section 6501. See California Government Code 27297.6 v2
Assessor: as used in this part , means the assessor of a district. See California Probate Code 4261
Assets: as used in this division , means all assets excluding intangibles. See California Health and Safety Code 13144.5
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Association: means any corporation organized under this part. See California Education Code 44832
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
authority: means the North Coast Railroad Authority. See California Government Code 26820
authority: means the Central California Railroad Authority. See California Government Code 26840.10 v2
Authority: means the Tri-Valley-San Joaquin Valley Regional Rail Authority created under this chapter. See California Government Code 20503
Award: includes but is not limited to an award made pursuant to an agreement not in writing. See California Government Code 38733
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Bailiff: a court officer who enforces the rules of behavior in courtrooms.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
Bequest: Property gifted by will.
billing error: means an error by omission or commission in (1) posting any debit or credit, or (2) in computation or similar error of an accounting nature contained in a statement given to the cardholder by the card issuer. See California Government Code 40236
board: means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Bureau of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. See California Education Code 17352
Board: means the State Allocation Board. See California Education Code 16002
Board: means the governing board of the authority. See California Government Code 20503
Board of supervisors: as used in this part , means the board of supervisors of the county in which the greatest portion of the area of the district, is situated at the time of the filing of the petition for formation, unless another meaning is specified. See California Probate Code 4265
board of supervisors: means the board of supervisors of the county within which the city or territory is situated. See California Government Code 16367.8
Branch office: means any additional physical location, other than the principal place of business of a licensee, where any locksmith service is provided. See California Government Code 26855.3
bribe: signifies anything of value or advantage, present or prospective, or any promise or undertaking to give any, asked, given, or accepted, with a corrupt intent to influence, unlawfully, the person to whom it is given, in his or her action, vote, or opinion, in any public or official capacity. See California Education Code 1012
Bureau: means the Professional Fiduciaries Bureau within the Department of Consumer Affairs, established pursuant to Section 6510. See California Government Code 27502
Bureau: means the Bureau of Security and Investigative Services. See California Government Code 26855.3
business opportunity: shall include the sale or lease of the business and goodwill of an existing business enterprise or opportunity. See California Government Code 53190
Buyer: means any natural person who is solicited to purchase or who purchases the services of a credit services organization. See California Government Code 40563
Capital: as used in this division , consists of all of the following:
California Health and Safety Code 13145
Capital Stock: as used in this division , means one-class voting common stock. See California Health and Safety Code 13146.6
Card issuer: means any person who issues a credit card or the agent of that person for that purpose with respect to the credit card. See California Government Code 40236
Cardholder: means a natural person to whom a credit card is issued for consumer credit purposes, or a natural person who has agreed with the card issuer to pay consumer credit obligations arising from the issuance of a credit card to another natural person. See California Government Code 40236
Case law: The law as laid down in cases that have been decided in the decisions of the courts.
Charges: as used in this division , include the aggregate interest, fees, bonuses, commissions, brokerage, discounts, expenses, and other forms of costs charged, contracted for, or received by an industrial loan company or any other person in connection with the investigating, arranging, negotiating, procuring, guaranteeing, making, servicing, collecting, or enforcing of a loan, or for forbearance of money, credit, goods, things in action, or any other service or services rendered. See California Health and Safety Code 13143.3
check casher: means a person or entity that for compensation engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. See California Government Code 40582
Chief: means the Chief of the Bureau of Security and Investigative Services. See California Government Code 26855.3
City: includes city and county. See California Education Code 17322
City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Education Code 5092
Civil engineer: as used in this chapter means a professional engineer in the branch of civil engineering and refers to one who practices or offers to practice civil engineering in any of its phases. See California Government Code 26605
Claim: means a demand for monetary compensation or damages, arising under or relating to the performance of any public works contract. See California Government Code 14036.9
Client: means an individual who is served by a professional fiduciary. See California Government Code 27502
commission: means the California Transportation Commission. See California Government Code 14002.5
Commission: means the Public Utilities Commission created by Section 1 of Article XII of the California Constitution, and "commissioner" means a member of the commission. See California Education Code 5093
Commissioner: means any county agricultural commissioner. See California Education Code 19957.5
Committee: means the Economic Recovery Financing Committee created pursuant to Section 99055. See California Government Code 27288.2
Committee: means the Professional Fiduciaries Advisory Committee, as established pursuant to Section 6511. See California Government Code 27502
Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Community-based punishment: means correctional sanctions and programming encompassing a range of custodial and noncustodial responses to criminal or noncompliant offender activity. See California Education Code 1046
company: as used in this division means a premium finance agency as defined in Section 18560. See California Health and Safety Code 13140.6
compensation: means the remuneration paid out of funds controlled by the employer in payment for the member's services performed during normal working hours or for time during which the member is excused from work because of any of the following:
California Government Code 20630
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
Connectivity: means one or more projects necessary to achieve transit connectivity between BART's rapid transit system and the San Joaquin Regional Rail Commission's Altamont Corridor Express commuter rail service, and to provide quality, seamless service to riders using the services operating between the Tri-Valley and the San Joaquin Valley. See California Government Code 20503
Consumer: means a natural person who has entered into a consumer contract with a seller. See California Government Code 37504
Consumer contract: means a writing prepared by a seller and, except as provided in subdivision (c) of Section 1799. See California Government Code 37504
Consumer contract guaranty: means a writing prepared by a seller and signed, or to be signed, by a guarantor which guarantees the obligation of a consumer under a consumer contract. See California Government Code 37504
Consumer credit contract: means any of the following obligations to pay money on a deferred payment basis, where the money, property, services or other consideration which is the subject matter of the contract is primarily for personal, family or household purposes:
Consumer credit reporting agency: means a consumer credit reporting agency subject to the Consumer Credit Reporting Agencies Act, Title 1. See California Government Code 40563
Continuance: Putting off of a hearing ot trial until a later time.
contract for dance studio lessons and other services: means a contract for instruction in ballroom or other types of dancing, and includes lessons and other services, whether given to students individually or in groups. See California Government Code 37624.3
contract for health studio services: means a contract for instruction, training or assistance in physical culture, body building, exercising, reducing, figure development, or any other such physical skill, or for the use by an individual patron of the facilities of a health studio, gymnasium or other facility used for any of the above purposes, or for membership in any group, club, association or organization formed for any of the above purposes. See California Government Code 38417
Controversy: means any question arising between parties to an agreement whether such question is one of law or of fact or both. See California Government Code 38733
Copy: means a reproduction, facsimile, or duplicate. See California Government Code 37504
Counterclaim: A claim that a defendant makes against a plaintiff.
County: includes city and county. See California Education Code 17321
County: includes "city and county. See California Education Code 17389
county: includes "city and county". See California Education Code 1012
County: includes "city and county. See California Education Code 1915
County: includes city and county. See California Education Code 5091
Credit card: means any card, plate, coupon book, or other single credit device existing for the purpose of being used from time to time upon presentation to obtain money, property, labor, or services on credit. See California Government Code 40236
Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
Credit services organization: means a person who, with respect to the extension of credit by others, sells, provides, or performs, or represents that he or she can or will sell, provide or perform, any of the following services, in return for the payment of money or other valuable consideration:
Creditor: means an individual, partnership, corporation, association or other entity, however designated, who enters into or arranges for consumer credit contracts in the ordinary course of business. See California Government Code 37441
Critical infrastructure controls: means networks and systems controlling assets so vital to the state that the incapacity or destruction of those networks, systems, or assets would have a debilitating impact on public health, safety, economic security, or any combination thereof. See California Government Code 40546
Critical infrastructure information: means information not customarily in the public domain pertaining to any of the following:
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Days: means calendar days. See California Government Code 37504
Debt buyer: means a person or entity that is regularly engaged in the business of purchasing charged-off consumer debt for collection purposes, whether it collects the debt itself, hires a third party for collection, or hires an attorney-at-law for collection litigation. See California Government Code 40552
Decedent: A deceased person.
Deed: The legal instrument used to transfer title in real property from one person to another.
deed of trust: as used in this part includes "mortgage. See California Government Code 53186
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Defense attorney: Represent defendants in criminal matters.
department: whenever used in this code , unless the context otherwise requires, means the State Department of Education. See California Education Code 89
Department: means the Department of Consumer Affairs. See California Government Code 27502
department: means the Department of Fish and Game. See California Government Code 39580
Department: means the Department of Consumer Affairs. See California Government Code 26855.3
Department: means the Department of Transportation. See California Government Code 14002.5
Department: means the Department of Technology. See California Government Code 40546
Dependent: A person dependent for support upon another.
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Devise: To gift property by will.
Director: means the Director of the Department of Consumer Affairs. See California Government Code 26855.3
Director: means the Director of Transportation. See California Government Code 14002.5
Director: means the Director of Emergency Services. See California Government Code 40516
Director: means the Director of Education for kindergarten and grades 1 to 12, inclusive. See California Education Code 16002
Director: means "State Director of Health Services. See California Education Code 24944
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
District: as used in this part , means a district formed pursuant to this part or pursuant to any law which it supersedes. See California Probate Code 4237
district board: as used in this part , means the governing board of a district. See California Probate Code 4238
Docket: A log containing brief entries of court proceedings.
Donor: The person who makes a gift.
dwelling: means any of the following units which are owned by a signatory to the mortgage or deed of trust secured by the dwelling unit at the time of execution of the mortgage or deed of trust:
California Education Code 16071
Electrical engineer: as used in this chapter means a professional engineer in the branch of electrical engineering and refers to one who practices or offers to practice electrical engineering in any of its phases. See California Government Code 26605.1
Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
Electronic record: means a document or record created, generated, sent, communicated, received, or stored by electronic means. See California Government Code 14039
Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
Employee: means an individual who works for an employer, is listed on the employer's payroll records, and is under the employer's direction and control. See California Government Code 26855.3
Employer: means a person who employs an individual for wages or salary, lists the individual on the employer's payroll records, and withholds all legally required deductions and contributions. See California Government Code 26855.3
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
Escrow: Money given to a third party to be held for payment until certain conditions are met.
escrow agent: as used in this division includes joint control agents and Internet escrow agents. See California Government Code 25831
Evidence-based practices: refers to supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under probation, parole, or post release supervision. See California Education Code 1046
Ex officio: Literally, by virtue of one's office.
Executive session: A portion of the Senate's daily session in which it considers executive business.
Executor: A male person named in a will to carry out the decedent
Extension of credit: means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes. See California Government Code 40563
Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
facility: means any works, road, railroad, tramway, power plant, telegraph or telephone line, or other necessary works or structures. See California Government Code 39790
Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Fax: is a n abbreviation for "facsimile" and refers, as indicated by the context, to a facsimile transmission or to a document so transmitted. See California Government Code 14039
Fax transmission: includes , but is not limited to, the use of a facsimile machine or the process of integrating an electronic fax software application to automate the sending and receiving of a faxed document as an electronic record, in portable data format, by e-mail or similar electronic means. See California Government Code 14039
Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Felony: A crime carrying a penalty of more than a year in prison.
Fiduciary: A trustee, executor, or administrator.
Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
Financial institution: means any commercial bank, trust company, savings and loan association, credit union, industrial loan company, insurance company, or person engaged in the business of lending money. See California Government Code 37504
Firefighting apparatus and equipment: means any vehicle and its associated equipment that is designed and intended for use primarily for firefighting. See California Government Code 40516
Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
You are late making a payment or commit some other default, triggering an increase to a penalty rate
The bank changes the terms of your account and you do not reject the change.
The rate expires (if the rate was fixed for only a certain period of time).
flash incarceration: is a period of detention in a city or county jail due to a violation of an offender's conditions of postrelease supervision. See California Government Code 38636
Forbearance: A means of handling a delinquent loan. A
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
Fund: means the Economic Recovery Fund created pursuant to Section 99060. See California Government Code 27288.2
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
Germane: On the subject of the pending bill or other business; a strict standard of relevance.
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
gift certificate: includes gift cards, but does not include any gift card usable with multiple sellers of goods or services, provided the expiration date, if any, is printed on the card. See California Government Code 40538
Goods: means tangible and intangible personal property. See California Government Code 37504
Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
Grade level maintained by a district: means any of the following:
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Grantor: The person who establishes a trust and places property into it.
Guarantor: means a person who guarantees the obligation of a consumer under a consumer contract by signing a consumer contract guaranty. See California Government Code 37504
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
improvement: includes a public park, urban open-space lands, playground, or library. See California Government Code 20500
In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
Indirect expenses: means those items that are identified as indirect costs in the federal Office of Management and Budget, Circular A-87 on January 1, 1985. See California Government Code 40516
Information processing system: means an electronic system for creating, generating, sending, receiving, storing, displaying, retrieving, or processing information, but does not include a fax machine. See California Government Code 14039
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
inquiry: is a writing that is posted by mail to the address of the card issuer to which payments are normally tendered, unless another address is specifically indicated on the statement for that purpose, then to that other address, and that is received by the card issuer no later than 60 days after the card issuer transmitted the first periodic statement that reflects the alleged billing error, and that does all of the following:
Instrument: as used in this chapter , means a written paper signed by a person or persons transferring the title to, or giving a lien on real property, or giving a right to a debt or duty. See California Government Code 27279
Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
interested person: means any person owning an interest in the park or the land embraced within it as reversioner, remainderman, abutting property owner, or otherwise. See California Government Code 38402
Intestate: Dying without leaving a will.
Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
joint contract: means a contract with the board as set forth in subdivision (a). See California Government Code 20460.1
Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
judicial branch entity: means any superior court, court of appeal, the California Supreme Court, the Judicial Council, the Habeas Corpus Resource Center, or the Administrative Office of the Courts. See California Government Code 14036.1
Juror: A person who is on the jury.
Justice reinvestment: is a data-driven approach to reduce corrections and related criminal justice spending and reinvest savings in strategies designed to increase public safety. See California Education Code 1046
knowingly: import s only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See California Education Code 1012
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
Legacy: A gift of property made by will.
Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
Levying officer: means the sheriff or marshal acting as a ministerial officer pursuant to Section 26608 of the Government Code. See California Government Code 14039
license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Education Code 17330
Licensee: means a person who is licensed under this chapter as a professional fiduciary. See California Government Code 27502
Licensee: means a person or entity, other than a corporation, authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Education Code 17351
Licensee: means a business entity, whether an individual, partnership, or corporation, licensed under this chapter. See California Government Code 26855.3
Licensing board: means any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate. See California Education Code 17351
listing: as used in this part includes, but is not limited to:
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Local agency: means any city, county, special district, or any joint powers agency composed exclusively of those agencies, that provides fire suppression services. See California Government Code 40516
Local agency: means any city, county, city and county, fire district, special district, or joint powers agency that provides fire suppression services. See California Government Code 40530
Lock: means any mechanical, electromechanical, electronic, or electromagnetic device, or similar device, including any peripheral hardware, that is designed to control access from one area to another, or that is designed to control the use of a device, including, but not limited to, a safe, vault, or safe deposit box. See California Government Code 26855.3
Locksmith: means any person who, for any consideration or compensation whatsoever, engages, directly or indirectly and as a primary or secondary object, in the business of rekeying, installing, repairing, opening, modifying locks, or who originates keys for locks, including, but not limited to, electronic cloning of transponder keys and any other electronic programming of automotive keys and electronic operating devices, such as key fobs, door and ignition key devices, and successive electronic and other high-security key technology. See California Government Code 26855.3
Locksmith tool: means (1) any tool designed for the purpose of opening, bypassing, altering, rekeying, servicing, or repairing any lock, or (2) any burglar tool, as described in Section 466 of the Penal Code. See California Government Code 26855.3
Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
Master key system: means any system in which a lock is rekeyed so that the lock can be operated by its own individual key and can also be operated by a key that can operate other locks if the other locks cannot be operated with the lock's individual key. See California Government Code 26855.3
Mechanical engineer: as used in this chapter means a professional engineer in the branch of mechanical engineering and refers to one who practices or offers to practice mechanical engineering in any of its phases. See California Government Code 26605.5
Military licensee: refers to a person who, while holding a license or license endorsement under the Real Estate Law, or any of the statutes codified therein, entered the military service of the United States and notifies the commissioner of that fact within six months of such entry. See California Education Code 16102
Military service: signifies federal service after October 1, 1940, on active duty with any branch of service heretofore referred to or mentioned as well as training or education under the supervision of the United States preliminary to induction into the military service. See California Education Code 16102
month: means a calendar month, unless otherwise expressed. See California Education Code 17413
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
Navigable water: includes a harbor, bay, inlet, and estuary. See California Government Code 39930
Neutral arbitrator: means an arbitrator who is (1) . See California Government Code 38733
Notice: includes all papers and orders required to be served in any proceedings before any court, board, or officer, or when required by law to be served independently of such proceeding. See California Government Code 26660
Oath: includes affirmation. See California Education Code 17324
Oath: includes an affirmation or declaration. See California Education Code 17389
Oath: A promise to tell the truth.
Office: means the Office of Emergency Services. See California Government Code 40516
Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
original dedicator: includes any person, or that person's successors and assigns, who has dedicated any land in the city for use as a public park. See California Government Code 38400
Original district: means a state-aided or applicant district included in whole or in part in an acquiring district. See California Education Code 16150
Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
Oversight: Committee review of the activities of a Federal agency or program.
Party to the arbitration: means a party to the arbitration agreement:
peace officer: signify any one of the officers mentioned in Chapter 4. See California Education Code 1012
Person: means any individual, firm, company, association, organization, partnership, or corporation. See California Government Code 26855.3
Person: includes a corporation as well as a natural person. See California Education Code 17389
person: includes a corporation as well as a natural person. See California Education Code 1012
Person: as used in this chapter includes an individual, a firm, partnership, corporation, limited liability company, association or other organization, or any combination thereof. See California Government Code 27321.5
Person: as used in this article is limited to natural persons, notwithstanding the definition of person in Section 7025. See California Government Code 27249
Person: includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind. See California Education Code 18561
Person: includes an individual, corporation, partnership, joint venture, or any business entity. See California Government Code 40563
Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Education Code 19426
Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Education Code 24942
personal property: include money, goods, chattels, things in action, and evidences of debt. See California Education Code 17413
Plaintiff: The person who files the complaint in a civil lawsuit.
Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
prescription drug claims processor: as used in this part , means any nongovernmental entity which has a contractual relationship with purchasers of prepaid or insured prescription drug benefits, and which processes, consults, advises on, or otherwise assists in the processing of prepaid or insured prescription drug benefit claims submitted by a licensed California pharmacy or patron thereof. See California Government Code 37547
President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probate: Proving a will
Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Education Code 17389
Process: includes all writs, warrants, summons, and orders of courts of justice, or judicial officers. See California Government Code 26660
Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Education Code 19431
Professional fiduciary: means either of the following:
program: means the Community-Based Transitional Housing Program and "department" means the Department of Finance. See California Health and Safety Code 6613
project: shall be deemed to include any or all of the purposes for which a school district has applied for apportionments under this chapter, pursuant to any regulations that the State Allocation Board may adopt. See California Education Code 16002
property: includes property real and personal. See California Education Code 17413
Property: includes both personal and real property. See California Education Code 17389
property: includes both real and personal property. See California Education Code 1012
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Protection: means formal admission into a witness protection program established by this title memorialized by a written agreement between local or state prosecutors and the witness. See California Government Code 38791
Public defender: Represent defendants who can't afford an attorney in criminal matters.
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
Quorum: The number of legislators that must be present to do business.
Real property sales contract: as used in this part is an agreement wherein one party agrees to convey title to real property to another party upon the satisfaction of specified conditions set forth in the contract and which does not require conveyance of title within one year from the date of formation of the contract. See California Government Code 53187
Recombination: means changing the combination of any combination-actuated lock. See California Government Code 26855.3
Record: means information that is inscribed on a tangible medium, or that is stored in an electronic or other medium and is retrievable in perceivable form. See California Government Code 14039
Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
Recovery Account: shall be deemed to refer to the Consumer Recovery Account. See California Education Code 16096
Registrant: means an employee registered pursuant to the provisions of this chapter. See California Government Code 26855.3
related: means related by blood, adoption, marriage, or registered domestic partnership. See California Government Code 27502
Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
Resolution: means any resolution, trust agreement, indenture, certificate, or other instrument authorizing the issuance of bonds pursuant to this title and providing for their security and repayment. See California Government Code 27288.2
response: is a writing that is responsive to an inquiry and mailed to the cardholder's address last known to the card issuer. See California Government Code 40236
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Retail motor fuel dispenser: means a device that dispenses fuel that is used to power internal combustion engines, including motor vehicle engines, that processes the sale of fuel through a remote electronic payment system, and that is in a location where an employee or other agent of the seller is not present. See California Government Code 40236
Retail motor fuel payment island automated cashier: means a remote electronic payment processing station that processes the retail sale of fuel that is used to power internal combustion engines, including motor vehicle engines, that is in a location where an employee or other agent of the seller is not present, and that is located in close proximity to a retail motor fuel dispenser. See California Government Code 40236
Retailer: means every person other than a card issuer who furnishes money, goods, services, or anything else of value upon presentation of a credit card by a cardholder. See California Government Code 40236
Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) Source: OCC
Royalty recipient: means a party to a contract for the furnishing of services in the production of sound recordings, as defined in Section 101 of Title 17 of the United States Code, who has the right to receive royalties under that contract. See California Government Code 37545
Rural area: means territory that is outside of any urbanized area designated by the United States Census Bureau from the 1980 federal census. See California Government Code 40516
Salesperson: when used without modification, means a person licensed as a salesperson under any of the provisions of this part. See California Government Code 53151
Secretary: as used in this part , means the secretary of a district. See California Probate Code 4260
Secretary: means the Secretary of Transportation. See California Government Code 14002.5
Secretary: means the secretary of each state agency as set forth in subdivision (a) of Section 12800. See California Government Code 40546
Secretary: means the Secretary of Food and Agriculture. See California Education Code 19961
Secured credit card: means any credit card issued under an agreement or other instrument that pledges, hypothecates, or places a lien on real property or money or other personal property to secure the cardholder's obligations to the card issuer. See California Government Code 40236
Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Education Code 19966
Seller: means a person who has entered into a consumer contract with a consumer. See California Government Code 37504
Service of process: The service of writs or summonses to the appropriate party.
Sheriff: includes marshal. See California Education Code 17389
Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 17317
spouse: includes a registered domestic partner, as required by Section 297. See California Education Code 17413
Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 1001
State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
State: means the State of California, unless applied to the different parts of the United States. See California Education Code 17325
State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Education Code 17389
state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Education Code 1012
State: means the State of California, unless applied to the different parts of the United States. See California Education Code 5090
State: means the State of California, unless applied to the different parts of the United States. See California Education Code 25000.5
state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
State agency: means any state agency providing residential or institutional fire protection, including, but not limited to, the Department of Forestry and Fire Protection. See California Government Code 40530
State-aided district: means a district to which a conditional or final apportionment has been made under this chapter. See California Education Code 16150
Statute: A law passed by a legislature.
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Education Code 17319
Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Education Code 5028
Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Education Code 19404
Subpoena duces tecum: A command to a witness to produce documents.
Summons: Another word for subpoena used by the criminal justice system.
Tax collector: as used in this part , means the tax collector of the county or counties in which a district is located. See California Probate Code 4262
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
Testator: A male person who leaves a will at death.
Testify: includes any mode of oral statement made under oath or affirmation. See California Education Code 17389
Testify: Answer questions in court.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Tidelands: includes submerged lands. See California Government Code 39930
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Town: includes "unincorporated town" and "village. See California Education Code 19430
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Transmission record: means the electronic record or document printed by the sending fax machine, stating the telephone number of the receiving fax machine, the number of pages sent, the transmission time and date, and an indication of any errors in transmission. See California Government Code 14039
Treasurer: as used in this part , means the treasurer of the county or counties in which a district is located. See California Probate Code 4263
Tri-Valley: means the Cities of Danville, Dublin, Livermore, Pleasanton, and San Ramon. See California Government Code 20503
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
Trustee: means the Treasurer or a bank or trust company within or without the state acting as trustee for any issue of bonds under this title and, if there is more than one issue of bonds, the term means the trustee for each issue of bonds, respectively. See California Government Code 27288.2
Trustee: A person or institution holding and administering property in trust.
Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
Unauthorized use: means the use of a credit card by a person, other than the cardholder, (1) who does not have actual, implied, or apparent authority for that use and (2) from which the cardholder receives no benefit. See California Government Code 40236
unavailable: means that an officer is either killed, missing, or so seriously injured as to be unable to attend meetings and otherwise perform his duties. See California Government Code 38756
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
Uphold: The decision of an appellate court not to reverse a lower court decision.
User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
Venue: The geographical location in which a case is tried.
Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
war: shall mean : (a) whenever Congress has declared war and peace has not been formally restored. See California Education Code 1000
Weeds: as used in this article , includes any of the following:
willfully: when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. See California Education Code 1012
Witness: means any person who has been summoned, or is reasonably expected to be summoned, to testify in a criminal matter, including grand jury proceedings, for the people whether or not formal legal proceedings have been filed. See California Government Code 38791
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Writing: includes printing and typewriting. See California Education Code 17389
Writing: includes any form of recorded message capable of comprehension by ordinary visual means. See California Education Code 18535
Written agreement: shall be deemed to include a written agreement which has been extended or renewed by an oral or implied agreement. See California Government Code 38733
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