Terms Used In California Codes > Code of Civil Procedure > Part 4 > Title 2 > Chapter 3 > Article 4 - Records Destroyed in Fire or Calamity

• Abandoned: means left without provision for reasonable and necessary care or supervision. See California Family Code 3402
• 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.
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• 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
• Conferees: Legislators appointed to serve on conference committees. They are also called "managers." Conferees are usually appointed from the committee or committees that reported the legislation; they are expected to try and uphold their chamber's position on measures when they negotiate with conferees from the other chamber.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• County: includes "city and county. See California Welfare and Institutions Code 14
• County: includes city and county. See California Health and Safety Code 14
• 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
• 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
• Deed: The legal instrument used to transfer title in real property from one person to another.
• 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
• 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
• 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.
• 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.
• 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.
• Home state: means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. See California Family Code 3402
• 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}
• 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
• Initial determination: means the first child custody determination concerning a particular child. See California Family Code 3402
• institutions: include every hospital, sanitarium, boarding home, or other place receiving or caring for developmentally disabled persons. See California Welfare and Institutions Code 4416
• Issuing court: means the court that makes a child custody determination for which enforcement is sought under this part. See California Family Code 3402
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• 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
• Oath: A promise to tell the truth.
• order: include a decree, as appropriate under the circumstances. See California Family Code 100
• 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: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government. See California Family Code 3402
• Person acting as a parent: means a person, other than a parent, who: (1) has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding. See California Family Code 3402
• 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
• Probate: Proving a will
• Proceeding: includes an action. See California Family Code 110
• Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• record: includes all or any part of any judgment, decree, order, document, paper, process, or file. See California Code of Civil Procedure 1953
• 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
• State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
• 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
• State hospital: means any hospital specified in Section 4440. See California Welfare and Institutions Code 4401
• 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.
• Trustee: A person or institution holding and administering property in trust.
• 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.
• Writing: includes printing and typewriting. See California Code of Civil Procedure 17