Article 1 Short Title
Article 2 General Definitions
Article 3 General Provisions
Article 4 Penalties
Article 5 Criminal Forfeiture
Article 6 Civil Penalties

Terms Used In California Codes > Financial Code > Division 2 > Chapter 1

  • Act: means the Magnuson-Stevens Fishery Conservation and Management Act (16 U. See California Government Code 12473
  • Action: means an action for partition under this title. See California Education Code 18743
  • Advisory committee: means the Advisory Committee on Salmon and Steelhead Trout, established pursuant to Resolution Chapter 141 of the Statutes of 1983, except that there shall be two additional members appointed by the Joint Committee on Fisheries and Aquaculture after consultation with the Director of Fish and Game and the Fish and Game Commission. See California Government Code 12481
  • 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 the Labor and Workforce Development Agency. See California Education Code 32290
  • Allegation: something that someone says happened.
  • Anadromous fish: means fish which spawn in fresh water and spend a portion of their lives in the ocean. See California Government Code 51914
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Aquaculture: means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. See California Government Code 51917
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bag limit: means the maximum limit, in number or amount, of birds, mammals, fish, reptiles, or amphibians that may lawfully be taken by any one person during a specified period of time. See California Government Code 51918
  • 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 Education Code 68071
  • Board: means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board. See California Education Code 74265.5
  • Buy: includes an offer to buy, purchase, barter, exchange, or trade. See California Government Code 51921
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • certificate: as used in this chapter are deemed to be synonomous. See California Education Code 70011.9
  • 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
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • 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 any county agricultural commissioner. See California Education Code 19957.5
  • 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.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Council: means the Pacific Fishery Management Council established pursuant to the act, or its successor agency. See California Government Code 12473
  • 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 18556
  • County: includes city and county. See California Education Code 19958
  • Decedent: A deceased person.
  • 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 Education Code 32295.5
  • Department: means the Department of Fish and Wildlife. See California Government Code 51928
  • department: means State Department of Health Services. See California Education Code 24943
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Director: means Director of Industrial Relations. See California Education Code 32390
  • 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
  • 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:
  • Division of Licensing: shall be deemed to refer to the board. See California Education Code 68071
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • 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.
  • 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.
  • 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.
  • 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
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fish: means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. See California Government Code 51930
  • Fish offal: means the heads, viscera, and other parts of fish taken off in preparing for canning, preserving, packing, and preparing for consumption in a fresh state. See California Government Code 12512
  • Fishery: means both of the following:

    California Government Code 52008

  • 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
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • good cause: includes , but is not limited to, the following offenses, occurring while enrolled as a student:

    California Education Code 76033

  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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.
  • Handicapped child: as used in this article , means a physically defective or handicapped person under the age of 21 years who is in need of services. See California Health and Safety Code 123830
  • 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
  • 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.
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Joint committee: means the Joint Committee on Fisheries and Aquaculture created pursuant to Resolution Chapter 88 of the Statutes of 1981. See California Government Code 12473
  • 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.
  • Kelp: means kelp or other marine aquatic plants and the seeds thereof. See California Government Code 51933
  • Labor Commissioner: means Chief of the Division of Labor Standards Enforcement. See California Education Code 32400
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • 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 Education Code 17330
  • Licensee: means a person or entity, other than a corporation, authorized by a 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 Education Code 17351
  • 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 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.
  • Net: means any gear made of any kind of twine, thread, string, rope, wire, wood, or other materials used for the gilling, entangling, trapping, or impounding of fish. See California Government Code 51937
  • Nonresident: means a person who is not a resident as defined in Section 70. See California Government Code 51938
  • Oath: includes affirmation. See California Education Code 32287
  • Oath: includes an affirmation or declaration. See California Education Code 17389
  • 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 any person, including his or her legal representative, who has or had a legal or equitable interest in unclaimed property. See California Government Code 12525
  • Packer: means any person canning fish or preserving fish by the common methods of drying, salting, pickling, smoking, cold packing, or vacuum packing. See California Government Code 12512
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Education Code 32289
  • Person: means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter. See California Education Code 74265.5
  • 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 individual, partnership, corporation, limited liability company, unincorporated association, or other legal entity. See California Government Code 12525
  • Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Education Code 19426
  • 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
  • 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.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • 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 property real and personal. See California Education Code 17413
  • Property: includes both personal and real property. See California Education Code 17389
  • Property: includes real and personal property. See California Education Code 18743
  • Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Purchase: means "buy" as defined in Section 24. See California Government Code 51942
  • Quorum: The number of legislators that must be present to do business.
  • Reduction plant: means any plant used in the reduction or conversion of fish into fish flour, fishmeal, fish scrap, fertilizer, fish oil, or other fishery products or byproducts. See California Government Code 12512
  • Resident: means any person who has resided continuously in the State of California for six months or more immediately prior to the date of his application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to Section 2883 of Title 29 of the United States Code. See California Government Code 51943
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • season: means "open season. See California Government Code 51939.2
  • Secretary: means the Secretary of Labor and Workforce Development. See California Education Code 32300
  • Secretary: means the federal Secretary of Commerce. See California Government Code 12473
  • Sell: includes offer or possess for sale, barter, exchange, or trade. See California Government Code 51945
  • Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Education Code 19966
  • Services: as used in this article , means any or all of the following:

    California Health and Safety Code 123840

  • Sheriff: includes "marshal. See California Education Code 32425
  • speech-language pathologist: is a person who practices speech-language pathology. See California Education Code 74265.5
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 32283
  • 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 18552
  • 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 25000.5
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • 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 Education Code 17319
  • 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
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Take: means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. See California Government Code 51951
  • 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.
  • Testify: Answer questions in court.
  • 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.
  • Unclaimed property: means any tangible personal property or intangible personal property, including choses in action in amounts certain, and all debts owed or entrusted funds or other property held by any federal agency or any officer or employee thereof, whether occasioned by contract or operation of law or otherwise, except bonuses and gratuities, which has remained unclaimed by the owner for:

    California Government Code 12525

  • 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.
  • Violation: includes a failure to comply with any requirement of the code. See California Education Code 32400 v2
  • 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
  • Writing: includes any form of recorded message capable of comprehension by ordinary visual means. See California Education Code 18535