Chapter 1.5 Public Library Finance
Chapter 2 School Libraries
Chapter 3 Unified School Districts and Union High School Districts Public Libraries
Chapter 4 California Library Services Act
Chapter 4.6 California Library Literacy and English Acquisition Services Program
Chapter 5 Municipal Libraries
Chapter 6 County Free Libraries
Chapter 7 State Library
Chapter 8 Library Districts
Chapter 9 Library Districts and Museums in Unincorporated Towns and Villages
Chapter 10.5 Miscellaneous Provisions
Chapter 11 California Library Construction and Renovation Bond Act of 1988
Chapter 12 California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000
Chapter 13 California Cultural and Historical Endowment Act

Terms Used In California Codes > Education Code > Title 1 > Division 1 > Part 11

  • 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.
  • Acquired: means received or taken by conveyance, judgment, decree, or otherwise. See California Education Code 19989
  • Act: means the California Library Services Act. See California Education Code 18710
  • Action: includes a civil action and a special proceeding of a civil nature. See California Government Code 14172
  • Action: means an action for partition under this title. See California Education Code 18743
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Affected county: means each county from which territory is proposed to be transferred to create a new county. See California Government Code 56864
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • agency: means every state office, officer, department, division, bureau, board, commission, or other state agency, except that the term agency shall not include:

    California Civil Code 1798.3

  • Allegation: something that someone says happened.
  • Alternative dispute resolution: means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decisionmaking process. See California Education Code 41036
  • 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.
  • Amortization: Paying off a loan by regular installments.
  • 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.
  • Apparent owner: means the person who appears from the records of the holder to be entitled to property held by the holder. See California Education Code 18338
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • 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.
  • Asset: means property of a debtor, but the term does not include the following:

    California Education Code 42289.6

  • 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.
  • authority: means the Siskiyou Railroad Authority. See California Education Code 18312
  • 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.
  • Banking organization: means any national or state bank, trust company, banking company, land bank, savings bank, safe-deposit company, private banker, or any similar organization. See California Education Code 18338
  • 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.
  • beginning teacher: means a teacher with a valid California credential, as defined in Section 44259. See California Education Code 44279.1
  • 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
  • Bequeath: To gift property by will.
  • Bequest: Property gifted by will.
  • Board: means the California Library Construction and Renovation Board. See California Education Code 19952
  • Board: means the California Public Library Construction and Renovation Board. See California Education Code 19986
  • Business association: means any private corporation, joint stock company, business trust, partnership, or any association for business purposes of two or more individuals, whether or not for profit, including, but not by way of limitation, a banking organization, financial organization, life insurance corporation, and utility. See California Education Code 18338
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • City: includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town. See California Education Code 18555
  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Education Code 19429
  • City: includes city and county. See California Education Code 19480
  • Claim: includes a legal or equitable right, title, estate, lien, or interest in property or cloud upon title. See California Education Code 19911
  • claim for relief: means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured. See California Education Code 42289.6
  • Clerk: means the clerk of a county board of supervisors. See California Government Code 56864
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Client: means the taxpayer with whom the exchange facilitator enters into an agreement described in subparagraph (A) of paragraph (1) of subdivision (b). See California Education Code 18120
  • 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
  • Commissioner: means any county agricultural commissioner. See California Education Code 19957.5
  • Committee: means the California Library Construction and Renovation Finance Committee created pursuant to Section 19972. See California Education Code 19952
  • Committee: means the California Library Construction and Renovation Finance Committee established pursuant to Section 19972. See California Education Code 19986
  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cooperative library system: means a public library system that consists of two or more jurisdictions entering into a written agreement to implement a regional program in accordance with this chapter, and that, as of the effective date of this chapter, was designated a library system under the Public Library Services Act of 1963 or was a successor to that library system. See California Education Code 18710
  • County: includes "city and county. See California Education Code 32284
  • County: includes "city and county. See California Education Code 17389
  • County: includes "city and county. See California Education Code 17491
  • County: includes "city and county. See California Education Code 1915
  • County: includes city and county. See California Education Code 5091
  • County: includes city and county. See California Education Code 19958
  • County: includes city and county. See California Education Code 19428
  • County: includes city and county. See California Education Code 19479
  • County: includes city and county. See California Education Code 24937
  • County: includes "city and county. See California Education Code 25018.5
  • Court: means the trial court in which the action is pending, unless otherwise specified. See California Government Code 14172
  • creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
  • Creditor: means a person that has a claim, and includes an assignee of a general assignment for the benefit of creditors, as defined in Section 493. See California Education Code 42289.6
  • creditor: means a person who has a claim, as defined in Section 3439. See California Education Code 42623
  • Creditor: means "creditor" as defined in Section 3439. See California Education Code 42637
  • Dangerous condition: means a condition of property that creates a substantial (as distinguished from a minor, trivial or insignificant) risk of injury when such property or adjacent property is used with due care in a manner in which it is reasonably foreseeable that it will be used. See California Government Code 830
  • Debt: means liability on a claim. See California Education Code 42289.6
  • debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
  • Debtor: means a person that is liable on a claim. See California Education Code 42289.6
  • 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.
  • Defense attorney: Represent defendants in criminal matters.
  • Department: means Department of Industrial Relations. See California Education Code 32295.5
  • Department: means the Department of Fish and Wildlife. See California Government Code 51928
  • Department: means the Department of Food and Agriculture. See California Education Code 19959
  • Department: means the State Department of Health Services. See California Education Code 21111
  • department: means State Department of Health Services. See California Education Code 24943
  • Dependent: A person dependent for support upon another.
  • Depose: includes any written statement made under oath or affirmation. See California Education Code 17389
  • 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.
  • Development: includes , but is not limited to, improvement, rehabilitation, restoration, enhancement, preservation, protection, and interpretation. See California Education Code 20052
  • Devise: To gift property by will.
  • Director: means the Director of Fish and Wildlife. See California Government Code 51929
  • Director: means "State Director of Health Services. See California Education Code 24944
  • directors: means natural persons, designated in the articles or bylaws or elected by the incorporators, and their successors and natural persons designated, elected, or appointed by any other name or title to act as members of the governing body of the corporation. See California Government Code 31831.2
  • disclose: means to disclose, release, transfer, disseminate, or otherwise communicate all or any part of any record orally, in writing, or by electronic or any other means to any person or entity. See California Civil Code 1798.3
  • 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:
  • Disposable earnings: means the portion of an individual's earnings that remains after deducting all amounts required to be withheld by law. See California Code of Civil Procedure 706.011
  • Domestic: means organized under the laws of this State, whether or not admitted. See California Education Code 32031
  • Donor: The person who makes a gift.
  • Dwelling: means a place where a person resides and may include but is not limited to the following:

    California Code of Civil Procedure 704.710

  • Earnings: means compensation payable by an employer to an employee for personal services performed by such employee, whether denominated as wages, salary, commission, bonus, or otherwise. See California Code of Civil Procedure 706.011
  • Earnings assignment order for support: means an order, made pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code or Section 3088 of the Probate Code, which requires an employer to withhold earnings for support. See California Code of Civil Procedure 706.011
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See California Government Code 14172
  • 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
  • Electronically stored information: means information that is stored in an electronic medium. See California Government Code 14172
  • 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 a public officer and any individual who performs services subject to the right of the employer to control both what shall be done and how it shall be done. See California Code of Civil Procedure 706.011
  • Employee benefit plan distribution: means any money, life insurance, endowment or annuity policy or proceeds thereof, securities or other intangible property, or any tangible property, distributable to a participant, former participant, or the beneficiary or estate or heirs of a participant or former participant or beneficiary, from a trust or custodial fund established under a plan to provide health and welfare, pension, vacation, severance, retirement benefit, death benefit, stock purchase, profit sharing, employee savings, supplemental unemployment insurance benefits or similar benefits, or which is established under a plan by a business association functioning as or in conjunction with a labor union which receives for distribution residuals on behalf of employees working under collective-bargaining agreements. See California Education Code 18338
  • Employer: means a person for whom an individual performs services as an employee. See California Code of Civil Procedure 706.011
  • Endowment: means the California Cultural and Historical Endowment created pursuant to Section 20053, or the board of the endowment, as appropriate. See California Education Code 20052
  • Enforcement action: means a civil action or proceeding, other than a cross-complaint, for any of the following purposes:

    California Education Code 41036

  • 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.
  • Equal access: means the right of the residents of jurisdictions that are members of a cooperative library system to use on an equal basis with one another the services and loan privileges of any and all other members of the same system. See California Education Code 18710
  • 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
  • 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
  • Ex officio: Literally, by virtue of one's office.
  • Exchange facilitator: means a person that does any of the following:

    California Education Code 18120

  • executed: when used with respect to the documents filed pursuant to this code or pursuant to regulations adopted under this code, and presented to the Secretary of State, include a document bearing a signature under subdivision (a). See California Education Code 17495
  • 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 market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Family unit: means any of the following:

    California Code of Civil Procedure 704.710

  • 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.
  • 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 a bank, credit union, savings and loan association, savings bank, or trust company chartered under the laws of this state or the United States whose accounts are insured by the full faith and credit of the United States, the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund, or other similar or successor programs. See California Education Code 18120
  • Financial organization: means any federal or state savings and loan association, building and loan association, credit union, investment company, or any similar organization. See California Education Code 18338
  • Fiscal officer: means , for a municipal library, the chief fiscal officer of the municipality. See California Education Code 18015
  • 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.
  • Fish: means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. See California Government Code 51930
  • 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
  • Foundation program: means those elements of library service which are basic to its function as a provider of information, education, and cultural enrichment to all segments of the community, including, but not limited to, collection development and maintenance, lending services, information services, facility maintenance, and administration. See California Education Code 18015
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the California Library Construction and Restoration Fund created pursuant to Section 19955. See California Education Code 19952
  • Fund: means the California Public Library Construction and Renovation Fund. See California Education Code 19986
  • Fund: means the Golden Bear State Pharmacy Assistance Program Rebate Fund. See California Education Code 21111
  • 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
  • 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
  • Grantor: The person who establishes a trust and places property into it.
  • Greenhouse: means a structure covered with transparent or translucent materials for the purpose of admitting natural light and controlling the atmosphere for growing plants, including floricultural, ornamental, or other nursery and agricultural products. See California Education Code 19960
  • 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.
  • Holder: means any person in possession of property subject to this chapter belonging to another, or who is trustee in case of a trust, or is indebted to another on an obligation subject to this chapter. See California Education Code 18338
  • Homestead: means the principal dwelling (1) in which the judgment debtor or the judgment debtor's spouse resided on the date the judgment creditor's lien attached to the dwelling, and (2) in which the judgment debtor or the judgment debtor's spouse resided continuously thereafter until the date of the court determination that the dwelling is a homestead. See California Code of Civil Procedure 704.710
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • 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
  • Independent public library: means a public library that is not a member of a system. See California Education Code 18710
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • individual: means a natural person. See California Civil Code 1798.3
  • 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 Education Code 19600
  • 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
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • 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 session: When both chambers of a legislature adopt a concurrent resolution to meet together.
  • Judgment debtor: includes a person from whom the state is seeking to collect a tax liability under Article 4 (commencing with Section 706. See California Code of Civil Procedure 706.011
  • Jurisdiction: means a county, city and county, city, or any district that is authorized by law to provide public library services and that operates a public library. See California Education Code 18710
  • 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.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • legislative body: means board of trustees, city council, or other governing body of a city. See California Government Code 16367.71
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Libraries for institutionalized persons: means libraries maintained by institutions for the purpose of serving their resident populations. See California Education Code 18710
  • library districts: as used in this chapter mean "union high school library district. See California Education Code 18301
  • library trustees: as used in this chapter mean the regularly elected union high school trustees who reside within the library district. See California Education Code 18300
  • licensee: means an insurer, agent, broker, or any other person who is required to be licensed by the department. See California Education Code 32080
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lien: means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien. See California Education Code 42289.6
  • Lien: means a mortgage, deed of trust, or other security interest in property whether arising from contract, statute, common law, or equity. See California Education Code 18743
  • Life insurance corporation: means any association or corporation transacting the business of insurance on the lives of persons or insurance appertaining thereto, including, but not by way of limitation, endowments, and annuities. See California Education Code 18338
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Majority leader: see Floor Leaders
  • 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 Education Code 19600
  • mayor: includes president of the legislative body. See California Government Code 16368
  • Medicare beneficiary: means a Medicare beneficiary who is a California resident. See California Education Code 21111
  • month: means a calendar month, unless otherwise expressed. See California Education Code 17413
  • Month: means a calendar month, unless otherwise expressed. See California Education Code 17389
  • 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.
  • Museum: means a public or private nonprofit institution that is organized on a permanent basis for essentially educational or aesthetic purposes and that owns or uses tangible objects, cares for those objects, and exhibits them to the general public on a regular basis. See California Education Code 20052
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Nonprofit organization: means any nonprofit public benefit corporation that is formed pursuant to the Nonprofit Corporation Law (commencing with Section 500 of the Corporations Code), qualified to do business in California, and qualified under Section 501(c)(3) of the Internal Revenue Code, that has, among its principal charitable purposes, the preservation of historic or cultural resources for cultural, scientific, historic, educational, recreational, agricultural, or scenic opportunities. See California Education Code 20052
  • Oath: includes an affirmation or declaration. See California Education Code 17389
  • Oath: A promise to tell the truth.
  • 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.
  • 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
  • order: include a decree, as appropriate under the circumstances. See California Government Code 50972
  • Organization: means a person other than an individual. See California Education Code 42289.6
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means a depositor in case of a deposit, a beneficiary in case of a trust, or creditor, claimant, or payee in case of other choses in action, or any person having a legal or equitable interest in property subject to this chapter, or his or her legal representative. See California Education Code 18338
  • partnership: means the School/Law Enforcement Partnership established by this section. See California Education Code 32262
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Education Code 25022
  • Person: means any individual, business association, government or governmental subdivision or agency, two or more persons having a joint or common interest, or any other legal or commercial entity, whether that person is acting in his or her own right or in a representative or fiduciary capacity. See California Education Code 18338
  • 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 17496
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Government Code 50973
  • Person: includes an individual, a corporation, a partnership or other unincorporated association, a limited liability company, and a public entity. See California Code of Civil Procedure 706.011
  • Person: means an individual, partnership, corporation, limited liability company, association, government or governmental subdivision, instrumentality or agency, business trust, estate, trust, business or nonprofit entity, or other legal entity. See California Education Code 42289.6
  • person: means any natural person, corporation, partnership, limited liability company, firm, or association. See California Civil Code 1798.3
  • 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: means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. See California Government Code 51941
  • Person: means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Education Code 19963
  • 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, limited liability company, business trust, corporation, or company. See California Education Code 19500
  • Person: means an individual, a corporation, a partnership, a limited liability company, a joint venture, an association, a joint stock company, a trust, or any other form of a legal entity, and includes the agents and employees of that person. See California Education Code 18120
  • 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 Education Code 19600
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Education Code 24942
  • personal information: means any information that is maintained by an agency that identifies or describes an individual, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. See California Civil Code 1798.3
  • personal property: include money, goods, chattels, things in action, and evidences of debt. See California Education Code 17413
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Education Code 17389
  • Personal property: All property that is not real property.
  • 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 Education Code 19600
  • 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 Education Code 19600
  • plaintiff: includes a cross-complainant, and "defendant" includes a cross-defendant. See California Education Code 24930
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • 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.
  • premium finance agreement: means a loan contract, note, agreement, or obligation by which an insured agrees to pay to a lender in installments the principal amount advanced by the lender to an insurer or producer in payment of premium on an insurance contract or contracts, plus charges, with the assignment, as security therefor, of the unearned premiums, accrued dividends, or loss payments. See California Education Code 18103
  • premium financing: means engaging in the business of advancing money, directly or indirectly, to an insurer or producer at the request of an insured pursuant to the terms of a premium finance agreement, wherein the insured has assigned the unearned premiums, accrued dividends, or loss payments as security for such advancement in payment of premiums on insurance contracts only, and does not include the financing of insurance contract premiums purchased in connection with the financing of goods and services. See California Education Code 18101
  • 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
  • Preservation: includes , but is not limited to, identification, evaluation, recordation, restoration, stabilization, development, and reconstruction, or any combination of those activities. See California Education Code 20052
  • 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.
  • Principal county: means the county from which it is proposed that territory with the greatest proportion of assessed value, as shown on the last equalized assessment roll, relative to the total amount of taxable property within the boundaries of a proposed county, is to be transferred to create, in part, that proposed county. See California Government Code 56864
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • 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.
  • Proceeding: includes an action. See California Government Code 50974
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Education Code 17389
  • 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
  • Property: includes real property, and to the extent applicable, personal property. See California Education Code 19911
  • property: includes property real and personal. See California Education Code 17413
  • Property: means any right, title, or interest in or lien upon real property or part thereof. See California Education Code 19989
  • Property: includes both personal and real property. See California Education Code 17389
  • Property: means anything that may be the subject of ownership. See California Education Code 42289.6
  • Property: includes real and personal property. See California Education Code 18743
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protect against: includes repairing, remedying or correcting a dangerous condition, providing safeguards against a dangerous condition, or warning of a dangerous condition. See California Government Code 830
  • Prudent investor standard: means the prudent investor rule described in Article 2. See California Education Code 18120
  • Public agency: means a federal agency, state agency, city, county, district, association of governments, joint powers agency, or tribal organization. See California Education Code 20052
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • public library: means any public library as defined in this code, or any county law library established pursuant to Chapter 5 (commencing with Section 6300) of Division 3 of the Business and Professions Code. See California Education Code 19307
  • Public library: means a library, or two or more libraries, operated as a single entity by one or more public jurisdictions and which serve the general public without distinction. See California Education Code 18015
  • Public library: means a library, or two or more libraries, that is operated by a single public jurisdiction and that serves its residents free of charge. See California Education Code 18710
  • 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 Education Code 19680
  • 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 Education Code 42289.6
  • record: means any file or grouping of information about an individual that is maintained by an agency by reference to an identifying particular such as the individual's name, photograph, finger or voice print, or a number or symbol assigned to the individual. See California Civil Code 1798.3
  • 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
  • region: means the region described in this section. See California Education Code 18926
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remainder: includes reversion, reversionary interest, right of entry, and executory interest. See California Education Code 18743
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • 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.
  • Residuals: means payments pursuant to a collective bargaining agreement of additional compensation for domestic and foreign uses of recorded materials. See California Education Code 18338
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • 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
  • Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
  • Sheriff: includes marshal. See California Education Code 17389
  • Special Services Programs: means a project establishing or improving service to the underserved of all ages. See California Education Code 18710
  • 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 Education Code 19600
  • Spousal support: means support of the spouse of the obligor. See California Government Code 51071
  • 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 17389
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 19407
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 24935
  • 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 77
  • 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: means the State of California and includes any officer, department, board, or agency thereof. See California Code of Civil Procedure 706.070
  • 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 Government Code 51073
  • State: means the State of California, unless applied to the different parts of the United States. See California Government Code 51950
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 19427
  • 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 board: means the California Library Services Board. See California Education Code 18710
  • State tax liability: means an amount for which the state has a state tax lien as defined in Section 7162 of the Government Code excluding a state tax lien created pursuant to the Fish and Game Code. See California Code of Civil Procedure 706.070
  • 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 the term appears unless some other section is expressly mentioned. See California Education Code 17486
  • 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 that term occurs unless some other section is expressly mentioned. See California Government Code 51944
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Education Code 19970
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Education Code 19404
  • Subject land: means that area occupied by the particular described surface and surface zone for which plaintiff seeks to terminate the leasehold right of entry and occupation. See California Education Code 20000
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Subsequent owner: means the person to whom property is transferred whether as owner, part owner, or otherwise, or the successors in interest of the person, and includes a distributee of the estate of a decedent. See California Education Code 19989
  • Summons: Another word for subpoena used by the criminal justice system.
  • 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 Government Code 51075
  • Surface zone: means the zone which lies above a plane which is 500 feet below the surface of the land. See California Education Code 20000
  • System: means a cooperative library system. See California Education Code 18710
  • tactical responses to criminal incidents: means steps taken to safeguard pupils and staff, to secure the affected school premises, and to apprehend the criminal perpetrator or perpetrators. See California Education Code 32281
  • 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.
  • Testate: To die leaving a will.
  • Testify: includes any mode of oral statement made under oath or affirmation. See California Education Code 17389
  • Title report: includes a preliminary report, guarantee, binder, or policy of title insurance. See California Education Code 18743
  • 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.
  • Transfer: means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, license, and creation of a lien or other encumbrance. See California Education Code 42289.6
  • Transfer: means "transfer" as defined in Section 3439. See California Education Code 42637
  • Transferee: means the person to whom property was transferred or an obligation was incurred, or the successors or assigns of the person. See California Education Code 42637
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • 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
  • Underserved: means any population segment with exceptional service needs not adequately met by traditional library service patterns, including, but not limited to, those persons who are geographically isolated, economically disadvantaged, functionally illiterate, of non-English-speaking or limited-English-speaking ability, homebound, or institutionalized, or who are persons with disabilities. See California Education Code 18710
  • 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
  • union high school: shall be deemed to mean unified school district. See California Education Code 18311
  • Universal borrowing: means the extension by a public library of its direct loan privileges to the eligible borrowers of all other public libraries. See California Education Code 18710
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Vessel: includes ships of all kinds, steamboats, steamships, canal boats, barges, sailing vessels, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons. See California Education Code 19511
  • 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.
  • 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: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Education Code 17389
  • 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