Chapter 1 Writ of Review
Chapter 2 Writ of Mandate
Chapter 3 Writ of Prohibition
Chapter 4 Writs of Review, Mandate, and Prohibition May Issue and Be Heard at Chambers
Chapter 5 Rules of Practice and Appeals

Terms Used In California Codes > Code of Civil Procedure > Part 3 > Title 1

  • 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 15780
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Aide: means an individual who provides supportive services to an occupational therapist or occupational therapy assistant and who is trained by an occupational therapist or occupational therapy assistant to perform, under appropriate supervision, delegated, selected client and nonclient-related tasks for which the aide has demonstrated competency. See California Education Code 56126
  • Amortization: Paying off a loan by regular installments.
  • 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.
  • application: includes the original documents or writings filed and any other supporting documents or writings including supporting documents provided or filed contemporaneously, or later, in support of the application whether provided or filed by the applicant or by any other person in support of the application. See California Education Code 52329
  • Apportionment: means an apportionment made under this chapter unless the context otherwise requires. See California Education Code 15701
  • Apportionment: means an apportionment made under this chapter unless the context otherwise requires. See California Education Code 16002
  • Aquaculture: means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. See California Government Code 51917
  • arts: includes , but is not limited to, all of the following: dance. See California Education Code 52522.2
  • assessment: as used in this chapter , shall have the same meaning as the term "evaluation" in the Individuals with Disabilities Education Act, as provided in Section 1414 of Title 20 of the United States Code. See California Education Code 56302.5
  • Associate: as used in this chapter , means an unlicensed person who has earned his or her master's or doctoral degree qualifying him or her for licensure and is registered with the board as an associate. See California Education Code 54703
  • Association: means the Occupational Therapy Association of California or a similarly constituted organization representing occupational therapists in this state. See California Education Code 56126
  • 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.
  • 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
  • Board: means the Veterinary Medical Board. See California Education Code 52180
  • Board: as used in this chapter , means the Board of Behavioral Sciences. See California Education Code 54703
  • Board: includes "bureau" "commission" "committee" "department" "division" "examining committee" "program" and "agency. See California Education Code 52328
  • Board: as used in this chapter , includes a board, advisory board, commission, examining committee, committee or other similarly constituted body exercising powers under this code. See California Education Code 52314
  • Board: means the California Board of Occupational Therapy. See California Education Code 56126
  • Board: means the State Allocation Board. See California Education Code 15701
  • Board: means the State Allocation Board. See California Education Code 16002
  • Board: means the State Public Works Board. See California Education Code 56145
  • Board of Governors: means the Board of Governors of the California Community Colleges. See California Education Code 52302.5
  • 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
  • Chancellor: means the Chancellor of the California Community Colleges. See California Education Code 52302.5
  • Child development program: means a full-day or part-day comprehensive developmental program for children ages 0 to 14 years that is administered by the State Department of Education. See California Education Code 52550
  • City: includes city and county. See California Education Code 17322
  • commission: means the Student Aid Commission created by this article. See California Education Code 69515
  • Commission: means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission. See California Government Code 51924
  • Commissioner: means the Insurance Commissioner of this State. See California Education Code 25022.5
  • Committee: means the Higher Education Facilities Finance Committee, created pursuant to Section 67353. See California Education Code 56145
  • Community-based organizations: means public nonprofit benefit corporations of demonstrated effectiveness approved by the superintendent to provide educational services to eligible legalized persons. See California Education Code 52302.5
  • Consumer: means any individual who seeks or acquires, by purchase or lease, any goods, services, money, or credit for personal, family, or household purposes. See California Education Code 52950
  • Continuing competence: means a dynamic and multidimensional process in which the occupational therapist or occupational therapy assistant develops and maintains the knowledge, performance skills, interpersonal abilities, critical reasoning, and ethical reasoning skills necessary to perform current and future roles and responsibilities within the profession. See California Education Code 56126
  • Conversion coverage: means health insurance benefits providing hospital, surgical, major medical, or comprehensive medical coverage issued to an individual under a converted policy. See California Government Code 12186
  • Converted policy: means a policy or contract providing conversion coverage issued by an insurance company or by a hospital service corporation, or individual hospital, surgical, major medical, or comprehensive medical coverage otherwise provided by a policyholder to its employees or members. See California Government Code 12186
  • 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 Government Code 51925
  • County: includes city and county. See California Education Code 24937
  • 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
  • deed of trust: as used in this part includes "mortgage. See California Government Code 53186
  • Department: means the Department of Fish and Wildlife. See California Government Code 51928
  • Department: means the State Department of Education. See California Education Code 52302.5
  • Dependent: A person dependent for support upon another.
  • depressed: means the condition of a fishery that exhibits declining fish population abundance levels below those consistent with maximum sustainable yield. See California Government Code 52005
  • designated instruction and services: means "related services" as that term is defined in Section 1401(26) of Title 20 of the United States Code and Section 300. See California Education Code 56363
  • Director: means the Director of Fish and Wildlife. See California Government Code 51929
  • Director: means the Director of Education for kindergarten and grades 1 to 12, inclusive. See California Education Code 15701
  • Director: means the Director of Education for kindergarten and grades 1 to 12, inclusive. See California Education Code 16002
  • District: means fish and game district. See California Government Code 51929.5
  • 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

  • Early primary program: means an integrated, experiential, and developmentally appropriate educational program for children in preschool, kindergarten, and grades 1 to 3, inclusive, that incorporates various instructional strategies and authentic assessment practices, including educationally appropriate curricula, heterogeneous groupings, active learning activities, oral language development, small group instruction, peer interaction, use of concrete manipulative materials in the classroom, planned articulation among preschool, kindergarten, and primary grades, and parent involvement and education. See California Education Code 52550
  • 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.
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Examination: means an entry level examination for occupational therapists and occupational therapy assistants administered by the National Board for Certification in Occupational Therapy or by another nationally recognized credentialing body. See California Education Code 56126
  • Executor: A male person named in a will to carry out the decedent
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • 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.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • 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
  • Fish: means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. See California Government Code 51930
  • Fishery: means both of the following:

    California Government Code 52008

  • 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
  • Foster family home: includes a small family home as defined in paragraph (6) of subdivision (a) of Section 1502 of the Health and Safety Code, a certified family home of a foster family agency as defined in Section 1506 of the Health and Safety Code, and a resource family as defined in Section 1517 of the Health and Safety Code and Section 16519. See California Education Code 56155.5
  • Fund: means the Higher Education Capital Outlay Bond Fund, created pursuant to subdivision (e) of Section 67354. See California Education Code 56145
  • Good standing: means that the person has a current, valid license to practice occupational therapy or assist in the practice of occupational therapy and has not been disciplined by the recognized professional licensing or standard-setting body within five years prior to application or renewal of the person's license. See California Education Code 56126
  • 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:

    California Education Code 16002

  • Group policy: means a group health insurance policy providing medical, hospital, surgical, major medical, or comprehensive medical coverage issued by an insurer, a group contract issued by a hospital service corporation, or medical, hospital, surgical, major medical, or comprehensive medical coverage otherwise provided by a policyholder to its employees or members, except for self-insurance programs provided by employers that are not exempt from the federal Employee Retirement Income Security Act of 1974 (ERISA), as specified in subdivision (i). See California Government Code 12186
  • 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.
  • Immigrant: means a person who is a citizen of a country other than the United States and is eligible for education services in California or a naturalized United States citizen who is now residing in California. See California Education Code 52302.5
  • Insurance: refers to health insurance, major medical, or comprehensive coverage paid by premium or contribution under a group policy, a hospital service contract, or as otherwise provided by a policyholder to its employees or members other than by self-insuring except in the case of a plan that is exempt from ERISA, but does include an employer plan that is exempt from ERISA as specified in subdivision (i). See California Government Code 12186
  • Insurer: means the entity issuing a group policy, an individual or converted policy, a hospital service contract or an employer or employee organization otherwise providing medical, hospital, surgical, major medical, or comprehensive medical coverage to its employees or members. See California Government Code 12186
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • item: includes but is not limited to any paper, document, book, map, or other type of record. See California Government Code 12220
  • Kelp: means kelp or other marine aquatic plants and the seeds thereof. See California Government Code 51933
  • Legacy: A gift of property made by will.
  • 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
  • License: includes certificate, registration or other means to engage in a business or profession regulated by this code. See California Education Code 52328
  • license: includes a license, limited permit, or any other authorization to engage in practice regulated by this chapter. See California Education Code 56163
  • 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
  • Licentiate: means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600. See California Education Code 17331
  • listing: as used in this part includes, but is not limited to:

    California Government Code 53185

  • material: includes a statement or omission substantially related to the qualifications, functions, or duties of the business or profession. See California Education Code 52329
  • Medicare: means Title XVIII of the United States Social Security Act as added by the Social Security Amendments of 1965 or as later amended or superseded. See California Government Code 12186
  • month: means a calendar month, unless otherwise expressed. See California Education Code 17413
  • 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.
  • Net: means any gear made of any kind of twine, thread, string, rope, wire, wood, or other materials used for the gilling, entangling, trapping, or impounding of fish. See California Government Code 51937
  • Occupational therapist: means an individual who meets the minimum education requirements specified in Section 2570. See California Education Code 56126
  • Occupational therapy: means the therapeutic use of purposeful and meaningful goal-directed activities (occupations) with individuals, groups, populations, or organizations, to support participation, performance, and function in roles and situations in home, school, workplace, community, and other settings. See California Education Code 56126
  • Occupational therapy assistant: means an individual who is licensed pursuant to the provisions of this chapter, who is in good standing as determined by the board, and based thereon, who is qualified to assist in the practice of occupational therapy under this chapter, and who works under the appropriate supervision of a licensed occupational therapist. See California Education Code 56126
  • Occupational therapy services: means the services of an occupational therapist or the services of an occupational therapy assistant under the appropriate supervision of an occupational therapist. See California Education Code 56126
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Education Code 25022
  • Person: means an individual, partnership, unincorporated organization, or corporation. See California Education Code 56126
  • Person: means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. See California Government Code 51941
  • personal property: include money, goods, chattels, things in action, and evidences of debt. See California Education Code 17413
  • Personal property: All property that is not real property.
  • Physical agent modalities: means techniques that produce a response in soft tissue through the use of light, water, temperature, sound, or electricity. See California Education Code 56126
  • Policyholder: means the holder of a group policy issued by an insurer, a holder of a group contract issued by a hospital service corporation or an employer, employee association, or other entity otherwise providing medical, hospital, surgical, major medical, or comprehensive medical coverage on a group basis to its employees or members. See California Government Code 12186
  • Portfolio material: means a selection of representative samples of the child's performance within the program setting that may include, but not be limited to, teacher observations, work samples, developmental profiles, photographs, and audio or video recordings that present a picture of the child's progress over time. See California Education Code 52550
  • 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.
  • Premium: means contribution or other consideration paid or payable for coverage under a group policy or converted policy. See California Government Code 12186
  • 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.
  • Probate: Proving a will
  • Project: means the purposes for which a school district has applied for an apportionment under this chapter. See California Education Code 15701
  • 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
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • 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
  • Recovery Account: shall be deemed to refer to the Consumer Recovery Account. See California Education Code 16096
  • Regional occupational program: as used in this chapter , means a sequence of career technical or technical training programs that meet the criteria and standards of instructional programs in regional occupational centers and are conducted in a variety of physical facilities that are not necessarily situated in one single plant or site. See California Education Code 52303
  • Regulations: means the rules and regulations set forth in Division 20 (commencing with Section 2000) of Title 16 of the California Code of Regulations. See California Education Code 52180
  • related services: means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable an individual with exceptional needs to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation, and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist an individual with exceptional needs to benefit from special education, and includes the early identification and assessment of disabling conditions in children. See California Education Code 56363
  • Resident: means any person who has resided continuously in the State of California for six months or more immediately prior to the date of his application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to Section 2883 of Title 29 of the United States Code. See California Government Code 51943
  • 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
  • School district: includes county offices of education. See California Education Code 52550
  • season: means "open season. See California Government Code 51939.2
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • SLIAG: means the State Legalization Impact-Assistance Grants as set forth in Section 204 of the Immigration Reform and Control Act of 1986, (Sec. See California Education Code 52302.5
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 17317
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 25018.1
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 32033
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 17325
  • State: means the State of California, unless applied to the different parts of the United States. See California Government Code 51950
  • State-aided district: means a district to which a conditional or final apportionment has been made under this chapter. See California Education Code 15780
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Government Code 51944
  • Superintendent: means the Superintendent of Public Instruction. See California Education Code 52302.5
  • Supervision: includes , but is not limited to, all of the following:

    California Education Code 56338

  • Supervisor: as used in this chapter , means an individual who meets all of the following requirements:

    California Education Code 56338

  • Take: means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. See California Government Code 51951
  • tax obligation: means the tax imposed under, or in accordance with, Part 1 (commencing with Section 6001), Part 1. See California Education Code 17352
  • 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.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • 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
  • 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
  • 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.
  • Wildlife: means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. See California Government Code 52001
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.