Terms Used In California Codes > Financial Code > Division 15 > Chapter 12 - Crimes and Criminal Penalties

• Accepting county: means the county accepting transferred territory by reason of a county boundary change. See California Government Code 23231
• Adviser: when used with respect to a licensee, means any person who regularly provides legal, accounting, or management services or advice to such licensee. See California Financial Code 31820
• Affected county: means a county in which any land of the district or agency is situated. See California Elections Code 10500
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• 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 any district or agency of the type designated by and formed pursuant to the provisions of any principal act that incorporates this part. See California Elections Code 10500
• Allegation: something that someone says happened.
• Appeals board: means the California Unemployment Insurance Appeals Board. See California Education Code 89529.15
• assessed value: means 25 percent of full value to, and including, the 1980-81 fiscal year, and 100 percent of full value for the 1981-82 fiscal year and fiscal years thereafter. See California Government Code 25
• Associate: when used with respect to a licensee, means:

  California Financial Code 31820

• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• board: means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. See California Business and Professions Code 31
• candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
• Clerk: means the clerk of a county board of supervisors. See California Government Code 23231
• Close relative: means ancestor, lineal descendant, brother or sister and lineal descendants of either, spouse, father-in-law, mother-in-law, son-in-law, brother-in-law, daughter-in-law, or sister-in-law. See California Financial Code 31820
• Closing services: includes (but is not limited to) appraising property and preparing credit reports. See California Financial Code 31820
• Commission: means the County Boundary Review Commission. See California Government Code 23231
• Conviction: A judgement of guilt against a criminal defendant.
• County: includes city and county. See California Health and Safety Code 14
• County: includes city and county. See California Business and Professions Code 17
• County: includes city and county. See California Financial Code 14
• Defense attorney: Represent defendants in criminal matters.
• department: means State Department of Health Services. See California Health and Safety Code 20
• Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
• Dependent: A person dependent for support upon another.
• Director: means "State Director of Health Services. See California Health and Safety Code 21
• Director: means a member of the governing body. See California Elections Code 10500
• disabled: includes mental or physical illness and mental or physical injury including any illness or injury resulting from pregnancy, childbirth, or related medical condition. See California Education Code 89529.15
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: means dismissal for cause. See California Education Code 89530
• 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: means "elective officer" as defined by the principal act of each district or agency or if not defined, any officer of a district or agency holding an office that can be filled by election. See California Elections Code 10500
• Elector: means a person who is a United States citizen 18 years of age or older and, except as specified in subdivision (b), is a resident of an election precinct in this state on or before the day of an election. See California Elections Code 321
• Employee: means any of the following:

  California Education Code 89529.15

• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Full pay: means the gross base pay earnable by the employee and subject to retirement contribution if he or she had not vacated his or her position. See California Education Code 89529.02
• General district election: means an election held pursuant to the provisions of this part. See California Elections Code 10500
• General election: means either of the following:

  California Elections Code 324

• General fund reserves: means the general fund reserve balance as of July 1, 1978, that is not legally obligated. See California Government Code 16271
• Governing body: means the board of supervisors except that in the case of a subsidiary district "governing body" means the city council, and in the case of a multi-county district "governing body" means the governing body of the multi-county district itself. See California Government Code 16271
• Governing body: means the board of directors of a district or agency or the board or body which governs the activities of the district or agency. See California Elections Code 10500
• 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.
• Indebtedness: means the net obligations of a county arising from contract or through the operation of law, other than short-term operational expenses, but including and not limited to obligations arising under general obligation bonds, leases, joint powers agreements, and similar obligations or contracts entered into by the county prior to the date on which a petition is filed. See California Government Code 23231
• 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.
• Industrial disability leave: means temporary disability as defined in Divisions 4 (commencing with Section 3200) and 4. See California Education Code 89529.02
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• Landowner voting district: means a district whose principal act requires an elector to be an owner of land located within the district. See California Elections Code 10500
• Layoff: means separation from a position for lack of funds or lack of work. See California Education Code 89530
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
• 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
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lineal descendant: Direct descendant of the same ancestors.
• Livestock: means any cattle, sheep, swine, goat, or horse, mule, or other equine. See California Civil Code 3080
• Livestock servicer: means any individual, corporation, partnership, joint venture, cooperative, association or any other organization or entity which provides livestock services. See California Civil Code 3080
• Livestock services: means any and all grazing, feeding, boarding, general care, which includes animal health services, obtained or provided by the livestock servicer, or his employee, transportation or other services rendered by a person to livestock for the owner of livestock, or for any person acting by or under the owner's authority. See California Civil Code 3080
• 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
• Municipal election: means elections in general law cities and where applicable in chartered cities. See California Elections Code 330
• 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.
• Nomination documents: means declaration of candidacy and nomination papers. See California Elections Code 333
• 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: includes affirmation. See California Elections Code 335
• Oath: A promise to tell the truth.
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means the owner as shown on the last equalized assessment roll, except that the person entitled to be shown as owner on the current assessment roll shall be deemed the owner, and except that, where the property affected is subject to a recorded written agreement to buy, the purchaser under such agreement to buy shall be deemed the owner. See California Government Code 23231
• Permanent: means that the employee has a right to continued employment unless dismissed or laid off. See California Education Code 89530
• Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
• Person: includes a corporation as well as a natural person. See California Corporations Code 18
• Person: includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind. See California Financial Code 18
• Person: means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Food and Agricultural Code 38
• Personal property: All property that is not real property.
• 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.
• 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
• 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
• Principal act: means the law providing for the creation of a particular district or agency or type of district or agency. See California Elections Code 10500
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Radiologic Technology Act: means Sections 106965 to 107115, inclusive, and Chapter 6 (commencing with Section 114840) of Part 9 of Division 104. See California Health and Safety Code 27
• Redlining: The alleged practice of certain lending institutions of not making mortgage, home improvement, and small business loans in certain neighborhoods-usually areas that are deteriorating or considered by the lender to be poor investments. ^{Source: OCC}
• Regular election: is a n election, the specific time for the holding of which is prescribed by law. See California Elections Code 348
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Secretary: means the secretary of the governing body or a person designated by him or her to perform a duty of the secretary. See California Elections Code 10500
• Short-term financing assistance: means any financing assistance with a term of not more than five years. See California Financial Code 31820
• Signature: includes either of the following:

  California Elections Code 354.5

• Special district: includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area formed for the purpose of designating an area within which a property tax rate will be levied to pay for a service or improvement benefitting that area. See California Government Code 16271
• Special election: is a n election, the specific time for the holding of which is not prescribed by law. See California Elections Code 356
• State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
• State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
• State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
• state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
• Statewide election: is a n election held throughout the state. See California Elections Code 357
• Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
• 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
• Subpoena: A command to a witness to appear and give testimony.
• Subsidiary district: means a special district in which the city council of a city has been empowered to act as ex officio members of the board of directors of such district and either:

  California Government Code 16271

• 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.
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• Transferring county: means the county from which territory is, or is proposed to be, transferred by reason of a county boundary change. See California Government Code 23231
• Trustee: A person or institution holding and administering property in trust.
• trustees: means the Trustees of the California State University, created under Section 66600. See California Education Code 89000
• Uninhabited territory: means territory where less than 12 persons who have been registered to vote within the territory for at least 54 days reside at the time of filing of a petition or resolution for county boundary change. See California Government Code 23231
• Value of the uninhabited territory: means the value of land and improvements thereon. See California Government Code 23231
• Verdict: The decision of a petit jury or a judge.
• Voter: means any elector who is registered under this code. See California Elections Code 359
• Voter: means a voter or elector as respectively defined in the principal act of each district or agency. See California Elections Code 10500
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.