Terms Used In California Codes > Education Code > Title 3 > Division 14 > Part 65 - MISCELLANEOUS

• Adequate progress: means all of the following:

  California Government Code 65007

• Adult patient: means a dental patient 13 years of age or older. See California Business and Professions Code 1647.18
• 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.
• Advisory Council: means the Dispute Resolution Advisory Council. See California Business and Professions Code 466
• 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.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appliance: means any new television, radio, audio or video recorder, or playback device normally used or sold for use in the home or in a private motor vehicle, or any new refrigerator, freezer, range, oven, washer, dryer, dishwasher, room air conditioner, or sewing machine normally used or sold for use in the home, or any new typewriter, adding machine, calculator, or other similar machine, or any electrically operated tool, any of which appliances have a manufacturer's invoice sale value of fifty dollars ($50) or more. See California Business and Professions Code 22410
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: includes any lodge, order, beneficial association, fraternal or beneficial society or association, historical, military, or veterans organization, labor union, foundation, or federation, or any other society, organization, or association, or degree, branch, subordinate lodge, or auxiliary thereof. See California Corporations Code 21300
• Automotive spark-ignition engine fuel: means a product used for the generation of power in a spark-ignition internal combustion engine. See California Business and Professions Code 13400
• 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.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Certification: means the issuance of a certificate to a dentist licensed by the board who provides the board with his or her name and the location at which the administration of oral conscious sedation will occur, and fulfills the requirements specified in Sections 1647. See California Business and Professions Code 1647.18
• City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
• City: includes city and county. See California Business and Professions Code 18
• clear legible type: means type which meets all the following qualifications:

  California Business and Professions Code 22202

• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Commercial purposes: include the determination of the weight, measure, or count of any commodity or thing that is sold on the basis of weight, measure, or count. See California Business and Professions Code 12500
• commission: means the Student Aid Commission created by this article. See California Education Code 69515
• 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.
• Compression-ignition engine fuel: means a product used for the generation of power in a compression-ignition internal combustion engine. See California Business and Professions Code 13400
• 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 Business and Professions Code 302
• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: A judgement of guilt against a criminal defendant.
• Correct: means any weight or measure or weighing, measuring, or counting instrument that meet all of the tolerance and specification requirements established by the secretary pursuant to Section 12107. See California Business and Professions Code 12500
• County: includes city and county. See California Government Code 19
• County: includes "city and county. See California Corporations Code 14
• County: includes "city and county. See California Public Resources Code 14
• County: includes city and county. See California Food and Agricultural Code 29
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Deep sedation: means a drug-induced depression of consciousness during which patients cannot be easily aroused but respond purposefully following repeated or painful stimulation. See California Business and Professions Code 1646
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dental college approved by the board: means a dental school or college that is approved by the Commission on Dental Accreditation of the American Dental Association, that is accredited by a body that has a reciprocal accreditation agreement with that commission, or that has been approved by the Dental Board of California through its own approval process. See California Business and Professions Code 1640.1
• department: whenever used in this code , unless the context otherwise requires, means the State Department of Education. See California Education Code 89
• Department: means the Department of Consumer Affairs. See California Business and Professions Code 302
• department: means the State Department of Public Health. See California Business and Professions Code 1202
• Devise: To gift property by will.
• Diesel fuel: means any hydrocarbon oil meant for combustion in compression-ignition engines offered for sale that meets the standards for diesel fuel prescribed by this chapter. See California Business and Professions Code 13400
• Digital signature: means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature. See California Government Code 16.5
• Director: means the Director of the Department of Consumer Affairs. See California Business and Professions Code 302
• Discipline: means an advanced dental educational program in an area of dental practice not approved as a specialty by the American Dental Association. See California Business and Professions Code 1640.1
• 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:
• Dispute resolution: includes , but is not limited to, mediation, conciliation, and arbitration. See California Business and Professions Code 466
• Division: means the Division of Consumer Services. See California Business and Professions Code 302
• Election: means any election including a primary that is provided for under this code. See California Elections Code 318
• Elections official: means any of the following:

  California Elections Code 320

• Engine fuel: means any gasoline, diesel, or alternative fuel used for the generation of power in an internal combustion engine or fuel cell in a motor vehicle, or electrical power delivered conductively or inductively to an electric motor in electric or plug-in hybrid vehicles. See California Business and Professions Code 13400
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Ex officio: Literally, by virtue of one's office.
• 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 Corporations Code 17.1
• Executor: A male person named in a will to carry out the decedent
• 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.
• Flood hazard zone: means an area subject to flooding that is delineated as either a special hazard area or an area of moderate hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency. See California Government Code 65007
• 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}
• Fraud: Intentional deception resulting in injury to another.
• Fuel oil: means any product offered for sale that is burned in a furnace or boiler for the generation of heat and meets the standards prescribed for fuel oil by this chapter. See California Business and Professions Code 13400
• 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
• Gasoline: means a volatile mixture of liquid hydrocarbons, generally containing small amounts of additives, suitable for use as a fuel in a spark-ignition internal combustion engine. See California Business and Professions Code 13400
• Gasoline-oxygenate blend: means a fuel consisting primarily of gasoline along with a substantial amount of one or more oxygenates that meets ASTM International Standard D4814. See California Business and Professions Code 13400
• General anesthesia: means a drug-induced loss of consciousness during which patients are not arousable, even by painful stimulation. See California Business and Professions Code 1646
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• governing boards: means the local boards of trustees and the Board of Governors of the California Community Colleges, the Trustees of the California State University, and the Regents of the University of California. See California Education Code 66011
• Grantor: The person who establishes a trust and places property into it.
• Green Party: means the Green Party of California. See California Elections Code 6850
• Incorrect: means any instrument that fails to meet all of the requirements of Section 12107. See California Business and Professions Code 12500
• Initiative: means the California Bench to School Initiative established in subdivision (a). See California Education Code 99275
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insignia: includes badge, motto, button, decoration, charm, emblem, or rosette. See California Corporations Code 21300
• Institute: means the California Institute on Law, Neuroscience, and Education created pursuant to subdivision (a). See California Education Code 99275
• Inter vivos: Transfer of property from one living person to another living person.
• 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}
• 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.
• Kerosene: means a fuel offered for sale that meets the standards for kerosene prescribed in this chapter. See California Business and Professions Code 13400
• 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
• Licensing board: means any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate. See California Business and Professions Code 30
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Lubricant: means a lubricating oil or other substance that reduces friction and wear between moving parts within an engine and other motor vehicle components. See California Business and Professions Code 13400
• Manufacturer: means any individual, partnership, corporation, association, or other legal relationship which is involved in the manufacture, assembly, or production of an appliance or whose brand name appears on any appliance. See California Business and Professions Code 22410
• Manufacturer: means manufacturer, refiner, producer, or importer. See California Business and Professions Code 13400
• minimal sedation: means a drug-induced state during which patients respond normally to verbal commands. See California Business and Professions Code 1647.30
• moderate sedation: means a drug-induced depression of consciousness during which a patient responds purposefully to verbal commands, either alone or accompanied by light tactile stimulation, no interventions are required to maintain a patient's airway, spontaneous ventilation is adequate, and cardiovascular function is usually maintained. See California Business and Professions Code 1647.1
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Motor oil: means an oil that reduces friction and wear between the moving parts within an internal combustion engine and also serves as a coolant. See California Business and Professions Code 13400
• Motor vehicle fuel: means "engine fuel" when that term is used in this chapter. See California Business and Professions Code 13400
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nominate: means the selection, at a state-conducted primary election, of candidates who are entitled by law to participate in the general election for that office, but does not mean any other lawful mechanism that a political party may adopt for the purposes of choosing the candidate who is preferred by the party for a nonpartisan or voter-nominated office. See California Elections Code 332.5
• Notice: includes all papers and orders required to be served in any proceedings before any court, board, or officer, or when required by law to be served independently of such proceeding. See California Government Code 26660
• Oath: 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.
• Oral conscious sedation: means a minimally depressed level of consciousness produced by oral medication that retains the patient's ability to maintain independently and continuously an airway, and respond appropriately to physical stimulation or verbal command. See California Business and Professions Code 1647.18
• Oversight: Committee review of the activities of a Federal agency or program.
• Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
• Person: means an individual, partnership, corporation, limited liability company, association, or other group, however organized. See California Business and Professions Code 302
• Person: includes a corporation as well as a natural person. See California Corporations Code 18
• personal property: include money, goods, chattels, things in action, and evidences of debt. See California Civil Code 14
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• 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.
• Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
• 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.
• Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
• Process: includes all writs, warrants, summons, and orders of courts of justice, or judicial officers. See California Government Code 26660
• Program: means an entity that provides dispute resolution. See California Business and Professions Code 466
• property: includes property real and personal. See California Civil Code 14
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: The number of legislators that must be present to do business.
• 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.
• 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).
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Sacramento-San Joaquin Valley: means lands in the bed or along or near the banks of the Sacramento River or San Joaquin River, or their tributaries or connected therewith, or upon any land adjacent thereto, or within the overflow basins thereof, or upon land susceptible to overflow therefrom. See California Government Code 65007
• Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
• Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
• Service of process: The service of writs or summonses to the appropriate party.
• Signature: includes either of the following:

  California Elections Code 354.5

• Signature: includes mark when the signer cannot write, such signer's name being written near the mark by a witness who writes his own name near the signer's name. See California Corporations Code 17
• social media: means an electronic service or account, or electronic content, including, but not limited to, videos or still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations. See California Education Code 99120
• Specialty: means an area of dental practice approved by the American Dental Association and recognized by the board. See California Business and Professions Code 1640.1
• spouse: includes a registered domestic partner, as required by §. See California Civil Code 14
• Spouse: includes "registered domestic partner" as required by §. See California Corporations Code 12.2
• Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
• Standard test: means a test conducted in accordance with the latest published standard adopted by ASTM International. See California Business and Professions Code 13400
• State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
• Summons: Another word for subpoena used by the criminal justice system.
• 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}
• trustees: means the Trustees of the California State University, created under Section 66600. See California Education Code 89000
• 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}
• UCSF: means the University of California, San Francisco. See California Education Code 99275
• Undetermined risk area: means an urban or urbanizing area within a moderate flood hazard zone, as delineated on an official flood insurance rate map issued by the Federal Emergency Management Agency, which has not been determined to have an urban level of protection. See California Government Code 65007
• 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}
• Urban level of flood protection: means the level of protection that is necessary to withstand flooding that has a 1-in-200 chance of occurring in any given year using criteria consistent with, or developed by, the Department of Water Resources. See California Government Code 65007
• Venue: The geographical location in which a case is tried.
• Victim advocate: work with prosecutors and assist the victims of a crime.
• Voter: means any elector who is registered under this code. See California Elections Code 359
• will: includes codicil. See California Civil Code 14
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.