Terms Used In California Codes > Code of Civil Procedure > Part 4 > Title 2 > Chapter 3 > Article 3 - Private Writings

• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Bequeath: To gift property by will.
• Bequest: Property gifted by will.
• Child: means an individual who has not attained 18 years of age. See California Family Code 3402
• Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. See California Family Code 3402
• Child custody proceeding: means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. See California Family Code 3402
• Commencement: means the filing of the first pleading in a proceeding. See California Family Code 3402
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• County: includes "city and county. See California Welfare and Institutions Code 14
• County: includes city and county. See California Health and Safety Code 14
• County: includes city and county. See California Family Code 67
• Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See California Family Code 3402
• court-appointed investigator: means a probation officer, domestic relations investigator, or court-appointed evaluator directed by the court to conduct an investigation pursuant to this chapter. See California Family Code 3110
• custody: means the legal right to custody of the child unless that right is held jointly by two or more persons, in which case "custody" means the physical custody of the child by one of the persons sharing the right to custody. See California Welfare and Institutions Code 17.1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• department: means State Department of Health Services. See California Health and Safety Code 20
• Department: means the State Department of Developmental Services. See California Welfare and Institutions Code 4401
• 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 "State Director of Health Services. See California Health and Safety Code 21
• Director: means the Director of Developmental Services. See California Welfare and Institutions Code 4401
• 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:
• Documentary evidence: as used in this chapter , is defined as original or certified copies of a record that was executed at least five years prior to the date of application, and that substantiates the date and place of birth of the person whose birth is being registered. See California Health and Safety Code 102580
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grantor: The person who establishes a trust and places property into it.
• 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.
• Individual user of an illegal controlled substance: means the individual whose use of a specified illegal controlled substance is the basis of an action brought under this division. See California Health and Safety Code 11703
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Marketing of illegal controlled substances: means the possession for sale, sale, or distribution of a specified illegal controlled substance, and shall include all aspects of making such a controlled substance available, including, but not limited to, its manufacture. See California Health and Safety Code 11703
• Modification: means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. See California Family Code 3402
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• order: include a decree, as appropriate under the circumstances. See California Family Code 100
• Oversight: Committee review of the activities of a Federal agency or program.
• 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 an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or a foreign country. See California Health and Safety Code 11703
• Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
• Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government. See California Family Code 3402
• Personal property: All property that is not real property.
• Petitioner: includes plaintiff, where appropriate. See California Family Code 126
• Physical custody: means the physical care and supervision of a child. See California Family Code 3402
• Place of illegal activity: means , in relation to the individual user of an illegal controlled substance, each county in which the individual illegally possesses or uses an illegal controlled substance during the period of the individual's use of an illegal controlled substance. See California Health and Safety Code 11703
• Place of participation: means , in relation to a defendant in an action brought under this division, each county in which the person participates in the marketing of illegal controlled substances during the period of the person's participation in the marketing of illegal controlled substances. See California Health and Safety Code 11703
• 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}
• Pro per: A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase "in propria persona." ^{Source: U.S. Courts}
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Proceeding: includes an action. See California Family Code 110
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Respondent: includes defendant, where appropriate. See California Family Code 127
• Salvageable personal property: means any type of corporeal personalty, new or used, but not including money or evidences of debt. See California Welfare and Institutions Code 148
• 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.
• Specified illegal controlled substance: means cocaine, phencyclidine, heroin, or methamphetamine and any other illegal controlled substance the manufacture, cultivation, importation into this state, transportation, possession for sale, sale, furnishing, administering, or giving away of which is a violation of Section 11351, 11351. See California Health and Safety Code 11703
• Spouse: includes "registered domestic partner" as required by §. See California Health and Safety Code 12.2
• Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
• State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
• 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 Code of Civil Procedure 17
• State: means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. See California Family Code 145
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See California Family Code 3402
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Tribe: means an Indian tribe or band, or Alaskan Native village, that is recognized by federal law or formally acknowledged by a state. See California Family Code 3402
• Trustee: A person or institution holding and administering property in trust.
• Writing: includes printing and typewriting. See California Code of Civil Procedure 17