Article 1 General
Article 2 Conclusive Presumptions
Article 3 Presumptions Affecting the Burden of Producing Evidence
Article 4 Presumptions Affecting the Burden of Proof

Terms Used In California Codes > Evidence Code > Division 5 > Chapter 3 - Presumptions and Inferences

  • Action: includes a civil action and a criminal action. See California Evidence Code 105
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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

  • 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.
  • board: as used in this chapter means the Medical Board of California. See California Business and Professions Code 2002
  • Board: means the Osteopathic Medical Board of California. See California Business and Professions Code 2361
  • 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
  • Campaign advertising or communication: means a communication authorized by a candidate or a candidate's controlled committee, as defined in §. See California Elections Code 304
  • 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.
  • Clerk: means the county elections official, registrar of voters, city clerk, or other officer or board charged with the duty of conducting any election. See California Elections Code 307
  • Committee: means a diversion evaluation committee created by this article. See California Business and Professions Code 2361
  • Community property: means :

    California Probate Code 28

  • 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

  • Conduct: includes all active and passive behavior, both verbal and nonverbal. See California Evidence Code 125
  • Conservator: includes a limited conservator. See California Probate Code 30
  • County: includes "city and county. See California Code of Civil Procedure 17
  • County office: means the office filled by any county officer. See California Elections Code 313
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means Department of Industrial Relations. See California Labor Code 19
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Director: means Director of Industrial Relations. See California Labor Code 20
  • 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
  • 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:
  • Diversion program: means a treatment program created by this article for osteopathic physicians and surgeons whose competency may be threatened or diminished due to abuse of drugs or alcohol. See California Business and Professions Code 2361
  • 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

  • elective officer: includes any officer of the Senate or Assembly who is elected by vote of the members of either or both of the houses of the Legislature, and any appointive officer of a city or county occupying a fixed term of office, as well as officers of the state or contracting agencies elected by the people, and persons elected to a city council or a county board of supervisors. See California Government Code 20322
  • 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
  • Evidence: means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact. See California Evidence Code 140
  • Ex officio: Literally, by virtue of one's office.
  • Fiduciary: A trustee, executor, or administrator.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • health care provider: includes , but is not limited to, the following:

    California Probate Code 4781

  • 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.
  • 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
  • interested person: includes any of the following:

    California Probate Code 48

  • Intestate: Dying without leaving a will.
  • Law: includes constitutional, statutory, and decisional law. See California Evidence Code 160
  • license: includes certificate or permit. See California Business and Professions Code 5096.7
  • license: includes certificate or permit. See California Business and Professions Code 5096.7
  • Licensee: means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600. See California Business and Professions Code 23.8
  • licensee: as used in this chapter means the holder of a physician's and surgeon's certificate or doctor of podiatric medicine's certificate, as the case may be, who is engaged in the professional practice authorized by the certificate under the jurisdiction of the appropriate board. See California Business and Professions Code 2041
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local election: is a municipal, county, or district election. See California Elections Code 328
  • Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Elections Code 329
  • Original: means the writing itself or any counterpart intended to have the same effect by a person executing or issuing it. See California Evidence Code 255
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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
  • Participant: means a California-licensed osteopathic physician and surgeon. See California Business and Professions Code 2361
  • Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
  • Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
  • 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
  • Physician Orders for Life Sustaining Treatment form: means a request regarding resuscitative measures that directs a health care provider regarding resuscitative and life-sustaining measures. See California Probate Code 4780
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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
  • 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.
  • Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
  • Program manager: means the staff manager of the diversion program, as designated by the executive officer of the board. See California Business and Professions Code 2361
  • 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
  • Property: includes both real and personal property. See California Evidence Code 185
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public entity: includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation, whether foreign or domestic. See California Evidence Code 200
  • 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.
  • 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
  • Regular election: is a n election, the specific time for the holding of which is prescribed by law. See California Elections Code 348
  • Request regarding resuscitative measures: includes one, or both of, the following:

    California Probate Code 4780

  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Secretary: means the Secretary of Labor and Workforce Development. See California Labor Code 19.5
  • 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
  • Service of process: The service of writs or summonses to the appropriate party.
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72
  • 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 agencies: means every state office, officer, department, division, bureau, board, and commission and the California State University and the Regents of the University of California. See California Government Code 14938
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • state fund: means the State Compensation Insurance Fund. See California Government Code 20251
  • Statement: means (a) oral or written verbal expression or (b) nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression. See California Evidence Code 225
  • Statewide election: is a n election held throughout the state. See California Elections Code 357
  • Statute: includes a treaty and a constitutional provision. See California Evidence Code 230
  • subscription: includes mark when the signer or subscriber can not write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name. See California Labor Code 17
  • Summons: Another word for subpoena used by the criminal justice system.
  • 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.
  • 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.
  • 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.
  • Transferor: means the testator, settlor, grantor, owner, or other person who executes an instrument. See California Probate Code 81
  • Trier of fact: includes (a) the jury and (b) the court when the court is trying an issue of fact other than one relating to the admissibility of evidence. See California Evidence Code 235
  • 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: A person or institution holding and administering property in trust.
  • Voter: means any elector who is registered under this code. See California Elections Code 359
  • Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88
  • Writing: means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. See California Evidence Code 250