Article 1 General
Article 2 Burden of Proof on Specific Issues

Terms Used In California Codes > Evidence Code > Division 5 > Chapter 1 - Burden of Proof

  • Action: includes a civil action and a criminal action. See California Evidence Code 105
  • Amortization: Paying off a loan by regular installments.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Beneficiary: means a person to whom a donative transfer of property is made or that person's successor in interest, and:

    California Probate Code 24

  • board: as used in this chapter means the Medical Board of California. See California Business and Professions Code 2002
  • Burden of proof: means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court. See California Evidence Code 115
  • certificate: as used in this chapter are deemed to be synonomous. See California Business and Professions Code 2040
  • commission: means the Student Aid Commission created by this article. See California Education Code 69515
  • compensation: means the remuneration paid out of funds controlled by the employer in payment for the member's services performed during normal working hours or for time during which the member is excused from work because of any of the following:

    California Government Code 20630

  • Conservator: includes a limited conservator. See California Probate Code 30
  • Continuance: Putting off of a hearing ot trial until a later time.
  • County: includes "city and county. See California Code of Civil Procedure 17
  • Defect: means any flaw in the hardware or documentation of a remote accessible vote by mail system that could result in a state of unfitness for use or nonconformance to the manufacturer's specifications or applicable law. See California Elections Code 19284
  • director: refer to the Department of General Services and the Director of General Services, respectively, unless the context otherwise requires. See California Government Code 14602
  • Disability: means a medical condition, mental disability, or physical disability, as those terms are defined in subdivisions (i), (j), and (l) of §. See California Elections Code 354.5
  • Election: means any election including a primary that is provided for under this code. See California Elections Code 318
  • election management system: is a system that is used by a county in the state to track voter registration or voter preferences, including, for example, a voter's vote-by-mail status. See California Elections Code 2500
  • Elections official: means any of the following:

    California Elections Code 320

  • Failure: means a discrepancy between the external results of the operation of any software or firmware in a remote accessible vote by mail system and the manufacturer's product requirements for that software or firmware or applicable law. See California Elections Code 19284
  • Fault: means a step, process, or data definition in any software or firmware in a ballot marking system that is incorrect under the manufacturer's program specification or applicable law. See California Elections Code 19284
  • Financial institution: means a state or national bank, state or federal savings and loan association or credit union, or like organization. See California Probate Code 40
  • General election: means either of the following:

    California Elections Code 324

  • Instrument: means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property. See California Probate Code 45
  • Law: includes constitutional, statutory, and decisional law. See California Evidence Code 160
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • license: includes certificate or permit. See California Business and Professions Code 5096.7
  • Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Elections Code 329
  • Parent: means any individual entitled to take as a parent under this code by intestate succession from the child whose relationship is involved. See California Probate Code 54
  • 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, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
  • Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Evidence Code 175
  • Personal representative: means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the person's status. See California Probate Code 58
  • Polling place: means a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. See California Elections Code 338.5
  • Precinct: means a geographical area within a county that is made up of voters and is formed pursuant to Chapter 3 (commencing with Section 12200) of Division 12. See California Elections Code 338.6
  • precinct board: means the board appointed by the elections official to serve at a vote center. See California Elections Code 339
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
  • Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
  • Property: includes both personal and real property. See California Code of Civil Procedure 17
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Remote accessible vote by mail system: means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter who shall print the paper cast vote record to be submitted to the elections official. See California Elections Code 303.3
  • Security: includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. See California Probate Code 70
  • Sheriff: includes marshal. See California Code of Civil Procedure 17
  • Signature: includes either of the following:

    California Elections Code 354.5

  • Software: includes all programs, voting devices, cards, ballot cards or papers, operating manuals or instructions, test procedures, printouts, and other nonmechanical or nonelectrical items necessary to the operation of a voting system. See California Elections Code 355
  • Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
  • State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
  • State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
  • State: means the State of California, unless applied to the different parts of the United States. See California Evidence Code 220
  • State agency: as used in this chapter does not include educational institutions. See California Government Code 14773
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • Statute: includes a treaty and a constitutional provision. See California Evidence Code 230
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Transferor: means the testator, settlor, grantor, owner, or other person who executes an instrument. See California Probate Code 81
  • Trust: includes the following:

    California Probate Code 82

  • Trust company: means an entity that has qualified to engage in and conduct a trust business in this state. See California Probate Code 83
  • Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See California Probate Code 84
  • Vote center: means a location established for holding elections that offers the services described in Sections 2170 and 4005. See California Elections Code 357.5
  • Vote tabulating device: means any piece of equipment, other than a voting machine, that compiles a total of votes cast by means of ballot card sorting, ballot card reading, paper ballot scanning, electronic data processing, or a combination of that type of equipment. See California Elections Code 358
  • Voter: means any elector who is registered under this code. See California Elections Code 359
  • Voting device: means any device used in conjunction with a ballot card or cards to indicate the choice of the voter by marking, punching, or slotting the ballot card. See California Elections Code 360
  • Voting machine: means any electronic device, including, but not limited to, a precinct optical scanner and a direct recording voting system, into which a voter may enter his or her votes, and which, by means of electronic tabulation and generation of printouts or other tangible, human-readable records, furnishes a total of the number of votes cast for each candidate and for or against each measure. See California Elections Code 361
  • Voting system: means a mechanical, electromechanical, or electronic system and its software, or any combination of these used for casting a ballot, tabulating votes, or both. See California Elections Code 362
  • Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88