Chapter 1 Generally
Chapter 2 Particular Varieties of Fish
Chapter 3 Nets
Chapter 4 Other Means of Taking
Chapter 5 Fuel Conservation Assistance Program

Terms Used In California Codes > Fish and Game Code > Division 6 > Part 3

  • Access: means the ability to receive, use, select, and manipulate data and operate controls included in voting technology and systems. See California Government Code 18979
  • Accessible: means that the information provided on the paper cast vote record from the voter verified paper audit trail mechanism is provided or conveyed to voters via both a visual and a nonvisual method, such as through an audio component. See California Government Code 19061
  • Account: when used to mean a contract of deposit of funds between a depositor and a financial institution, includes a checking account, savings account, certificate of deposit, share account, mutual capital certificate, and other like arrangements. See California Government Code 21254
  • Acquire: includes purchase, condemnation, lease, and gift. See California Government Code 19243.2
  • Acquisition: means the acquisition of a fee interest or any other interest in real property including easements, leases and development rights. See California Government Code 19702.2
  • Act: means the Magnuson-Stevens Fishery Conservation and Management Act (16 U. See California Government Code 12473
  • Action: includes a civil action and a criminal action. See California Education Code 17524
  • action: as used in this Title is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature. See California Government Code 13304
  • Action: means an action for partition under this title. See California Education Code 18743
  • action taken: means a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or a negative decision, or an actual vote by a majority of the members of a legislative body when sitting as a body or entity, upon a motion, proposal, report, resolution, order, or recommendation. See California Education Code 89305.4
  • Adequate progress: means all of the following:

    California Health and Safety Code 4730.9

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administrative director: means the Administrative Director of the Division of Workers' Compensation. See California Government Code 12572
  • Administrator: means the senior executive appointed to operate a home. See California Government Code 13995.102
  • Advertising medium: includes banner, sign, placard, poster, streamer, and card. See California Government Code 53250
  • 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 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
  • 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.
  • Affinity: signifies the connection existing in consequence of marriage, between each of the married persons and the blood relatives of the other when applied to the marriage relation. See California Education Code 17389
  • Affirmative actions: means any activity for the purpose of eliminating discrimination in housing accommodations because of race, color, religion, sex, marital status, national origin, ancestry, familial status, or disability. See California Government Code 19880.1
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Affix: means physically attached to or imprinting an electronic validation to a license document. See California Government Code 51916
  • Age: refers to the chronological age of any individual who has reached a 40th birthday. See California Government Code 19878.5
  • Agency: means the Labor and Workforce Development Agency. See California Education Code 32290
  • Aggrieved person: includes any person who claims to have been injured by a discriminatory housing practice or believes that the person will be injured by a discriminatory housing practice that is about to occur. See California Government Code 19880.1
  • Allegation: something that someone says happened.
  • Amusement ride: includes the business of operating bungee jumping services or providing services to facilitate bungee jumping, but does not include slides, playground equipment, coin-operated devices or conveyances which operate directly on the ground or on the surface or pavement directly on the ground or the operation of amusement devices of a permanent nature. See California Government Code 12980
  • Anadromous fish: means fish which spawn in fresh water and spend a portion of their lives in the ocean. See California Government Code 51914
  • Angling: means the taking of, or attempting to take, fish by hook and line with the line held in the hand, or by hook and line with the line attached to a pole or rod which is closely attended or held in the hand in such a manner that the fish voluntarily takes the bait or lure in its mouth. See California Government Code 51915
  • 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.
  • antiknock index number: when used in this chapter, means that number assigned to a spark-ignition engine fuel that designates the antiknock quality. See California Government Code 53250
  • Appeals board: means the Workers' Compensation Appeals Board. See California Government Code 12572
  • Appeals board: means the Occupational Safety and Health Appeals Board, within the department. See California Public Utilities Code 99234.1
  • Appeals board: means the Workers' Compensation Appeals Board. See California Government Code 12952
  • 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.
  • 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
  • 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.
  • assessment level: means the estimated gross dollar amount received by assessment from all assessed businesses on an annual basis, and "assessment formula" means the allocation method used within each industry segment (for example, percentage of gross revenue or percentage of transaction charges). See California Government Code 13995.60
  • At-large method of election: means any of the following methods of electing members to the governing body of a political subdivision:

    California Education Code 89529.03

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Automotive spark-ignition engine fuel: means a product used for the generation of power in a spark-ignition internal combustion engine. See California Government Code 53250
  • auxiliary organization: includes the following entities:

    California Education Code 89901

  • 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
  • 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.
  • bait net: means a lampara or round haul type net, the mesh of which is constructed of twine not exceeding Standard No. See California Government Code 13995.63
  • ballot: means any of the following:

    California Education Code 88078

  • Ballot card: means a card or a number of cards upon which are printed, or identified by reference to the ballot, the names of candidates for nomination or election to one or more offices or the ballot titles of one or more measures. See California Education Code 88079
  • Ballot on demand system: means a self-contained system that allows users to do both of the following on an as-needed basis:

    California Education Code 88082

  • 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.
  • Bird: means a wild bird or part of a wild bird. See California Government Code 51920
  • Board: means the California Victim Compensation Board. See California Government Code 13951
  • board: means the Occupational Safety and Health Standards Board. See California Government Code 12620
  • board: means the California Veterans Board. See California Government Code 13105
  • board: means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Bureau 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 Education Code 17352
  • Board: means the Trustees of the California State University. See California Education Code 90011
  • Board: means the State Public Works Board. See California Government Code 19243.2
  • Board: means the Wildlife Conservation Board. See California Government Code 19702.2
  • Board: means the Voting Modernization Board, established pursuant to Section 19256. See California Government Code 19050.4
  • Bond: means a state general obligation bond issued pursuant to this article adopting the provisions of the State General Obligation Bond Law. See California Government Code 19050.4
  • Bonds: means revenue bonds, notes, including commercial paper notes or other forms of negotiable short-term indebtedness, or bond anticipation notes issued to finance prison facilities, interest during construction of prison facilities, reserve funds, and costs of issuance of the bonds, as the board may determine. See California Government Code 19592.2
  • Burden of producing evidence: means the obligation of a party to introduce evidence sufficient to avoid a ruling against him on the issue. See California Education Code 17525
  • 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 Education Code 17526
  • Buy: includes an offer to buy, purchase, barter, exchange, or trade. See California Government Code 51921
  • Bycatch: includes discards. See California Government Code 52004
  • California Water Plan: means the California Water Plan Update Bulletin 160-05 and subsequent revisions and amendments. See California Government Code 19702.2
  • Campaign advertising or communication: means a communication authorized by a candidate or a candidate's controlled committee, as defined in Section 82016 of the Government Code, or by a committee making independent expenditures, as defined in Section 82031 of the Government Code, or by a committee formed primarily to support or oppose a ballot measure, as defined in Section 82047. See California Education Code 88084
  • candidate: includes any officeholder who is subject to a recall election. See California Education Code 88085
  • Cardcheck agreement: means a written agreement between an employer and a labor organization providing a procedure for determining employee preference on the subject of whether to be represented by a labor organization for collective bargaining, and if so, by which labor organization to be represented, that provides, at a minimum, the following:

    California Education Code 92625.1

  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • center: means the California Habeas Corpus Resource Center, and "board" means the board of directors of the center. See California Government Code 53313.5
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • City: includes city and county. See California Education Code 17322
  • City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Education Code 5092
  • Civil action: includes civil proceedings. See California Education Code 17527
  • 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 Education Code 88087
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Clerk of the Board of Supervisors: means the Clerk of the Board of Supervisors of the County of San Diego. See California Education Code 90068
  • Closed season: means that period of time during which the taking of birds, mammals, fish, amphibians, or reptiles is prohibited. See California Government Code 51923
  • Code: means the Code of Fair Campaign Practices. See California Government Code 19818.20
  • Collective bargaining agreement: means an agreement between an employer and a labor organization regarding wages, hours, and other terms and conditions of employment of the employer's employees. See California Education Code 92625.1
  • commission: means the California Transportation Commission. See California Government Code 14002.5
  • Commission: means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission. See California Government Code 51924
  • Commission: means the Citizens Redistricting Commission in the County of Los Angeles established pursuant to Section 21532. See California Education Code 90062
  • Commission: means the Independent Redistricting Commission established by subdivision (b). See California Education Code 90068
  • Commission: means the Public Utilities Commission. See California Government Code 22796
  • Commissioner: means any county agricultural commissioner. See California Education Code 19957.5
  • Committee: means the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Finance Committee created by Section 80162. See California Government Code 18903
  • Committee: means the Voting Modernization Finance Committee, established pursuant to Section 19253. See California Government Code 19050.4
  • 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.
  • Community access: means engagement programs, technical assistance, or facilities that maximize safe and equitable physical admittance, especially for low-income communities, to natural or cultural resources, community education, or recreational amenities. See California Government Code 18903
  • 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

  • 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 Government Code 53250
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Conduct: includes all active and passive behavior, both verbal and nonverbal. See California Education Code 17528
  • Conservation actions on private lands: means projects with willing landowners that involve the adaptive flexible management or protection of natural resources in response to changing conditions and threats to habitat and wildlife. See California Government Code 18903
  • Conservator: includes a limited conservator. See California Government Code 21261
  • Construction: includes the extension, enlargement, repair, renovation, restoration, improvement, furnishing, and equipping of any public building. See California Government Code 19243.2
  • contestant: means any person initiating an election contest. See California Education Code 89621
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: as used in this part means a corporation which is organized under, or subject to this part, including a central organization. See California Corporations Code 12232
  • costs incurred by the county: means all costs, except normal salaries and expenses, incurred by the county in bringing to trial or trials, including the trial or trials of, a person or persons for the offense of homicide, including costs, except normal salaries and expenses, incurred by the district attorney in investigation and prosecution, by the sheriff in investigation, by the public defender or court-appointed attorney or attorneys in investigation and defense, and all other costs, except normal salaries and expenses, incurred by the county in connection with bringing the person or persons to trial including the trial itself, which include extraordinary expenses for such services as witness fees and expenses, court-appointed expert witness fees and expenses, reporter fees, and costs in preparing transcripts. See California Government Code 21224
  • Council: means the Pacific Fishery Management Council established pursuant to the act, or its successor agency. See California Government Code 12473
  • Council: means the Fair Employment and Housing Council and "council member" means a member of the council. See California Government Code 19878
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County: includes "city and county. See California Education Code 32284
  • County: includes city and county. See California Education Code 17321
  • County: includes city and county. See California Education Code 32381
  • County: includes "city and county. See California Education Code 17389
  • County: includes "city and county. See California Education Code 1915
  • County: includes city and county. See California Government Code 51925
  • County: includes city and county. See California Education Code 19958
  • County office: means the office filled by any county officer. See California Education Code 88092
  • Credible science: means the best available scientific information that is not overly prescriptive due to the dynamic nature of science, and includes the evaluation principles of relevance, inclusiveness, objectivity, transparency, timeliness, verification, validation, and peer review of information as appropriate. See California Government Code 51926
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • creed: include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. See California Government Code 19878.5
  • Crime: includes an act of terrorism, as defined in Section 2331 of Title 18 of the United States Code, committed against a resident of the state, whether or not the act occurs within the state. See California Government Code 13951
  • Criminal action: includes criminal proceedings. See California Education Code 17529
  • CSRC: means the California Spatial Reference Center or its successor. See California Government Code 21073
  • CSRC: means California Spatial Reference Center or its successor. See California Government Code 21117
  • CSRC: means California Spatial Reference Center or its successor. See California Government Code 21154
  • CSRC: means California Spatial Reference Center or its successor. See California Government Code 21165
  • CSRN: means the California Spatial Reference Network, as defined by Chapter 3 (commencing with Section 8850), "Geodetic Datums and the California Spatial Reference Network. See California Government Code 21073
  • CSRN: means California Spatial Reference Network. See California Government Code 21117
  • CSRN: means California Spatial Reference Network as defined by Chapter 3 (commencing with Section 8850), "Geodetic Datums and the California Spatial Reference Network. See California Government Code 21154
  • CSRN: means California Spatial Reference Network as defined by Chapter 3 (commencing with Section 8850), "Geodetic Datums and the California Spatial Reference Network. See California Government Code 21165
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Day: means calendar day, and "week" means calendar week. See California Government Code 51927
  • Decedent: A deceased person.
  • Declarant: is a person who makes a statement. See California Education Code 17530
  • 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 Education Code 89919
  • Defect: means any flaw in the hardware or documentation of a voting system that could result in a state of unfitness for use or nonconformance to the manufacturer's specifications or applicable law. See California Government Code 18938.5
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defendant: means that person whose election or nomination is contested or those persons receiving an equal and highest number of votes, other than the contestant, where, in other than primary elections, the body canvassing the returns declares that no one person has received the highest number of votes for the contested office. See California Education Code 89621
  • Defense attorney: Represent defendants in criminal matters.
  • Delta: means the Sacramento-San Joaquin River Delta. See California Government Code 19702.2
  • department: means the Department of Veterans Affairs. See California Government Code 13104
  • Department: means the Department of Veterans Affairs. See California Government Code 13995.102
  • Department: means Department of Industrial Relations. See California Education Code 32295.5
  • department: refer to the Director and Department of Finance, respectively, unless the context otherwise requires. See California Government Code 13001
  • Department: means the Department of Transportation. See California Government Code 14002.5
  • Department: means the Department of Human Resources. See California Government Code 19815
  • Department: means the Department of Fish and Wildlife. See California Government Code 51928
  • department: means the Department of Veterans Affairs. See California Government Code 13332.14
  • Department: means the Department of Food and Agriculture. See California Education Code 19959
  • Department: means the Department of Fair Employment and Housing. See California Government Code 19878
  • Department: means the Department of Water Resources. See California Government Code 19702.2
  • department: means the Department of Water Resources. See California Government Code 21113
  • Department: means the Department of Parks and Recreation. See California Government Code 18903
  • Department: means the Department of Housing and Community Development. See California Government Code 22777
  • department: means State Department of Health Services. See California Education Code 24943
  • Department: means the Department of Housing and Community Development. See California Government Code 22796
  • Derivative victim: means an individual who sustains pecuniary loss as a result of injury or death to a victim. See California Government Code 13951
  • Development: includes , but is not limited to the physical improvement of real property including the construction of facilities or structures. See California Government Code 19702.2
  • 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 Government Code 53250
  • Direct recording electronic voting system: means a voting system that records a vote electronically and does not require or permit the voter to record his or her vote directly onto a tangible ballot. See California Government Code 19061
  • Director: means Director of Industrial Relations. See California Education Code 32390
  • Director: means the Director of Transportation. See California Government Code 14002.5
  • Director: means the Director of the Department of Human Resources. See California Government Code 19815
  • Director: means the Director of Fish and Wildlife. See California Government Code 51929
  • Director: means the Director of Fair Employment and Housing. See California Government Code 19878
  • director: refer to the Department of General Services and the Director of General Services, respectively, unless the context otherwise requires. See California Government Code 20963
  • Directors: means natural persons, designated in the articles or bylaws or elected by the incorporators, and their successors and natural persons designated, elected, or appointed by any other name or title to act as members of the governing body of the corporation. See California Corporations Code 12233
  • Disability: means a medical condition, mental disability, or physical disability, as those terms are defined in subdivisions (i), (j), and (l) of Section 12926 of the Government Code. See California Education Code 88166
  • 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
  • Disadvantaged community: means a community with a median household income less than 80% of the statewide average. See California Government Code 19702.2
  • Disadvantaged community: means a community with a median household income less than 80 percent of the statewide average. See California Government Code 18903
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Discrimination: includes refusal to sell, rent, or lease housing accommodations. See California Government Code 19880.1
  • Dismissal: means dismissal for cause. See California Education Code 89530
  • Distribution system: means a system of pipes within a mobilehome park operated by a person or corporation, other than a public utility, which is connected to a meter or other measuring device under the control of a privately owned or publicly owned public utility, for purposes of distribution of gas by the operator of a mobilehome park to the tenants of the mobilehome park who are the actual users of the gas furnished through the meter or device to the operator by the public utility. See California Government Code 22777
  • Distribution system: means a system of pipes, operated by a person or corporation other than a public utility, serving 10 or more customers, within a citywide area, an apartment house, a condominium, a cluster of homes, a shopping center, a combination of any of the above, a mobilehome park with two or more customers, or any system if a portion of the system is located in a public place, which is connected to a tank or tanks, for the purpose of distribution of propane to the end customers. See California Government Code 22796
  • District: means fish and game district. See California Government Code 51929.5
  • District-based elections: means a method of electing members to the governing body of a political subdivision in which the candidate must reside within an election district that is a divisible part of the political subdivision and is elected only by voters residing within that election district. See California Education Code 89529.03
  • Division: means the Division of Workers' Compensation. See California Government Code 12572
  • Division: means the Division of Labor Relations. See California Government Code 19815
  • Division: means the Division of Occupational Safety and Health. See California Public Utilities Code 99234.1
  • Division: means the Division of Labor Standards Enforcement. See California Government Code 12751
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Election: means any election including a primary that is provided for under this code. See California Education Code 88097
  • Election board: means the board of supervisors of each county, the city council or other governing body of a city, or any board or officer to whom similar powers and duties are given by any charter. See California Education Code 88098
  • 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 Education Code 90036
  • Electioneering: means the visible display or audible dissemination of information that advocates for or against any candidate or measure on the ballot within 100 feet of a polling place, a vote center, an elections official's office, or a satellite location under Section 3018. See California Education Code 88099
  • Elections official: means any of the following:

    California Education Code 88100

  • Elections official: means the county elections official, registrar of voters, or city clerk. See California Government Code 18656
  • 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
  • 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 Education Code 88101
  • Electrolysis: as used in this chapter includes electrolysis or thermolysis. See California Education Code 92510
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • 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
  • Employee: means any of the following:

    California Education Code 89529.15

  • Employer: includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:

    California Government Code 19878.5

  • Employer: means any person who, directly or indirectly or through an employee, agent, independent contractor, or any other person, employs an industrial homeworker. See California Government Code 12751
  • Employment agency: includes any person undertaking for compensation to procure employees or opportunities to work. See California Government Code 19878.5
  • 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 Government Code 53250
  • 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
  • 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
  • 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 Education Code 17531
  • Ex officio: Literally, by virtue of one's office.
  • Excess payment to a revolving fund: means overpayment received by a state agency in connection with a revolving fund in the State Treasury maintained by such an agency for the purpose of assisting persons under the jurisdiction or care of the agency, or providing for the welfare of such persons. See California Government Code 13140
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • expert: means a physician and surgeon, including a psychiatrist, or any person described by subdivision (b), (c), or (e) of Section 1010. See California Education Code 17580
  • Facility: means any campus, school, cafeteria, store, hospital, clinic, institute, laboratory, or office owned or operated by the university, or at which the normal educational or administrative functions of the university are conducted. See California Education Code 92625.1
  • 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 Education Code 89919
  • Failure: means a discrepancy between the external results of the operation of any software or firmware in a voting system and the manufacturer's product requirements for that software or firmware or applicable law. See California Government Code 18938.5
  • 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.
  • 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 Education Code 89919
  • Fault: means a step, process, or data definition in any software or firmware in a voting system that is incorrect under the manufacturer's program specification or applicable law. See California Government Code 18938.5
  • federal pipeline standards: means the Federal Natural Gas Pipeline Safety Act of 1968 (49 U. See California Government Code 22796
  • Fee: includes any monetary exaction imposed or collected for or as a condition precedent to the issuing, making, taking or securing of any permit, filing, examination, or inspection. See California Government Code 13140
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • FGCS: means the Federal Geodetic Control Subcommittee or its successor. See California Government Code 21073
  • FGCS: means the Federal Geodetic Control Subcommittee or its successor. See California Government Code 21117
  • FGCS: means the Federal Geodetic Control Subcommittee or its successor. See California Government Code 21154
  • FGCS: means the Federal Geodetic Control Subcommittee or its successor. See California Government Code 21165
  • FGDC: means the Federal Geographic Data Committee or its successor. See California Government Code 21073
  • FGDC: means Federal Geographic Data Committee or it successor. See California Government Code 21117
  • FGDC: means the Federal Geographic Data Committee or its successor. See California Government Code 21154
  • FGDC: means the Federal Geographic Data Committee or its successor. See California Government Code 21165
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: means personal representative, trustee, guardian, conservator, attorney-in-fact under a power of attorney, custodian under the California Uniform Transfer To Minors Act (Part 9 (commencing with Section 3900) of Division 4), or other legal representative subject to this code. See California Government Code 21268
  • 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

  • Flag: as used in this division , means the State Flag of California and the Flag of the United States, as defined in this section. See California Government Code 13311.1
  • 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 Health and Safety Code 4730.9
  • Forbearance: A means of handling a delinquent loan. A
  • Foreign country: means a government other than any of the following:

    California Government Code 12599.5

  • Foreign-country judgment: means a judgment of a court of a foreign country. See California Government Code 12599.5
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. 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 Government Code 53250
  • 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
  • Fund: means State Compensation Insurance Fund. See California Government Code 12952
  • Fund: means the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006. See California Government Code 19702.2
  • Fund: means the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Fund, created by Section 80032. See California Government Code 18903
  • Fund: means the Voting Modernization Fund, created pursuant to subdivision (b) of Section 19254. See California Government Code 19050.4
  • 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
  • Gas: means natural or manufactured gas, except propane, used for light, heat, or power. See California Government Code 22777
  • 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 Government Code 53250
  • 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 Government Code 53250
  • Gender: means sex, and includes a person's gender identity and gender expression. See California Government Code 19878.5
  • Gender expression: means a person's gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth. See California Government Code 19878.5
  • General district election: means an election held pursuant to the provisions of this part. See California Education Code 89005
  • General election: means either of the following:

    California Education Code 88104

  • Genetic information: includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual. See California Government Code 19878.5
  • Governing body: means the board of supervisors in the case of a county, or the city council or board of trustees or other governing board in the case of a city, district, or other local governmental agency. See California Government Code 13995.83
  • 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 Education Code 89005
  • GPS: means Global Positioning System and includes other, similar space-based systems. See California Government Code 21117
  • GPS: means Global Positioning System and includes other, similar space-based systems. See California Government Code 21165
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Gross operating revenue: as used in this chapter includes all revenue derived from the transportation of property having origin and destination within this state, where the revenue is derived from transportation performed under a permit issued by the commission. See California Government Code 22819
  • Guide boat: means a boat or vessel under 25 feet in length, which is used by a guide, who is licensed under Chapter 5 (commencing with Section 2535) of Division 3, in inland waters for any of the following purposes:

    California Government Code 51931

  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • health care facility: means a facility, other than a facility licensed under Division 2 (commencing with Section 1200) of the Health and Safety Code, that is owned or operated by a health care service plan licensed pursuant to Chapter 2. See California Education Code 89260
  • hearing: means the hearing at which a question under this code arises, and not some earlier or later hearing. See California Education Code 17532
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Home: means any facility operated by the department for the provision of long-term care, assisted living, adult day health, independent living, or other health care services to eligible veterans. See California Government Code 13995.102
  • Home: means any room, house, apartment, or other premises, whichever is most extensive, used in whole or in part as a place of dwelling. See California Government Code 12751
  • Housing accommodation: means any building, structure, or portion thereof that is occupied as, or intended for occupancy as, a residence by one or more families and any vacant land that is offered for sale or lease for the construction thereon of any building, structure, or portion thereof intended to be so occupied. See California Government Code 19880.1
  • Immediate family member: means a spouse, child, in-law, parent, or sibling. See California Education Code 90062
  • Immediate vicinity: means the area within a distance of 100 feet from the room or rooms in which the voters are signing the roster and casting ballots. See California Government Code 18656
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • 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
  • Indenture: means an agreement entered into by the board pursuant to which revenue bonds are issued, regardless of whether the agreement is expressed in the form of a resolution of the board or by other instrument. See California Education Code 90011
  • 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
  • Industrial homework: means any manufacture in a home of materials or articles for an employer when such articles or materials are not for the personal use of the employer or a member of his or her family. See California Government Code 12751
  • Industrial homeworker: means any person who does industrial homework. See California Government Code 12751
  • infrastructure: means real property, including land and improvements to the land, structures and equipment integral to the operation of structures, easements, rights-of-way and other forms of interest in property, roadways, and water conveyances. See California Government Code 13101
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • injury: as used in this division , includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit, if the member demonstrates that he or she was exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director. See California Public Utilities Code 27013
  • Inspector: means the supervisor of the precinct board of which he or she is a member. See California Education Code 88104.5
  • Insurer: includes the State Compensation Insurance Fund and any private company, corporation, mutual association, and reciprocal or interinsurance exchange, authorized under the laws of this state to insure employers against liability for compensation under this part and under Division 4 (commencing with Section 3201), and any employer to whom a certificate of consent to self-insure has been issued. See California Public Utilities Code 99234.1
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • 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
  • Interpretation: includes , but is not limited to, a visitor serving amenity that educates and communicates the significance and value of natural, historical, and cultural resources in a way that increases the understanding and enjoyment of these resources and that may utilize the expertise of a naturalist or other specialist skilled at educational interpretation. See California Government Code 19702.2
  • Interpretation: includes , but is not limited to, a visitor-serving amenity that enhances the ability to understand and appreciate the significance and value of natural, historical, and cultural resources and that may utilize educational materials in multiple languages, digital information, and the expertise of a naturalist or other skilled specialist. See California Government Code 18903
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • ITRF: means International Terrestrial Reference Frame as defined by the International Earth Rotation Service. See California Government Code 21117
  • 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.
  • Judgment creditor: means the person or persons who can bring an action to enforce a sister state judgment. See California Government Code 12591.1
  • Judgment debtor: means the person or persons against whom an action to enforce a sister state judgment can be brought. See California Government Code 12591.1
  • Judicial office: means the office filled by any judicial officer. See California Education Code 88105
  • Juror: A person who is on the jury.
  • Jury instructions: A judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply. Source: U.S. Courts
  • Kelp: means kelp or other marine aquatic plants and the seeds thereof. See California Government Code 51933
  • Kerosene: means a fuel offered for sale that meets the standards for kerosene prescribed in this chapter. See California Government Code 53250
  • Labor Commissioner: means Chief of the Division of Labor Standards Enforcement. See California Education Code 32400
  • Labor organization: means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions or work. See California Education Code 92625.1
  • Labor organization: includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection. See California Government Code 19878.5
  • Landowner voting district: means a district whose principal act requires an elector to be an owner of land located within the district. See California Education Code 89005
  • Law: includes constitutional, statutory, and decisional law. See California Education Code 17534
  • Law enforcement: means every district attorney, municipal police department, sheriff's department, district attorney's office, county probation department, and social services agency, the Department of Justice, the Department of Corrections, the Department of the Youth Authority, the Department of the California Highway Patrol, the police department of any campus of the University of California, California State University, or community college, and every agency of the State of California expressly authorized by statute to investigate or prosecute law violators. See California Government Code 13951
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Layoff: means separation from a position for lack of funds or lack of work. See California Education Code 89530
  • Lease-purchase financing: means the financing of prison facilities from the proceeds of the sale of bonds authorized by the board. See California Government Code 19592.2
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Legislative body: means any or all of the following:

    California Education Code 89305.1

  • 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
  • license: includes certificate or permit. See California Education Code 92032
  • license: includes certificate or permit. See California Education Code 92032
  • licensed clinic: means a clinic licensed pursuant to Article 1 (commencing with Section 1200) of Chapter 1 of Division 2 of the Health and Safety Code. See California Education Code 89260
  • licensed health care facility: means a facility licensed pursuant to Article 1 (commencing with Section 1250) of Chapter 2 of Division 2 of the Health and Safety Code or a facility, as defined in Section 1250 of the Health and Safety Code, operated by a health care service plan licensed pursuant to Chapter 2. See California Education Code 89260
  • licensed home health agency: means a private or public organization licensed by the State Department of Public Health pursuant to Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code, as further defined in Section 1727 of the Health and Safety Code. See California Education Code 89260
  • 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
  • Licentiate: 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 Education Code 17331
  • 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
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local conservation corps: means a program operated by a public agency or nonprofit organization that meets the requirements of Section 14406. See California Government Code 19702.2
  • Local election: is a municipal, county, or district election. See California Education Code 88107
  • Local enforcement agency: means the city, county, or city and county that has assumed the responsibility for the enforcement of Chapter 2 (commencing with Section 18300) of Part 2. See California Government Code 22796
  • 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 Government Code 53250
  • Lubricating oil: means motor oil, engine lubricant, engine oil, lubricating axle oil, gear oil, or manual transmission fluid. See California Government Code 53250
  • Mammal: means a wild or feral mammal or part of a wild or feral animal, but not a wild, feral, or undomesticated burro. See California Government Code 51934
  • Manufacturer: means manufacturer, refiner, producer, or importer. See California Government Code 53250
  • Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Education Code 88108
  • Medical condition: means either of the following:

    California Government Code 19878.5

  • Medical director: means the physician appointed by the administrative director pursuant to Section 122. See California Government Code 12572
  • Meeting: includes any congregation of a majority of the membership of a legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body to which it pertains. See California Education Code 89305.1
  • Member: means a veteran or nonveteran spouse or domestic partner who has been admitted to residency at a veterans' home. See California Government Code 13995.102
  • Mental disability: includes , but is not limited to, all of the following:

    California Government Code 19878.5

  • Mile: means either a statute mile (5,280 feet) or a nautical mile (6,077 feet) depending on the application. See California Government Code 51936
  • Military and veteran status: means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard. See California Government Code 19878.5
  • Military or overseas voter: means an elector absent from the county in which he or she is otherwise eligible to vote who is any of the following:

    California Education Code 88076

  • milk plant: as used in this article , means any place, structure, or building where a handler receives market milk and weighs, tests, standardizes, pasteurizes, homogenizes, separates, bottles or packages such milk. See California Education Code 89762
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • Month: means a calendar month, unless otherwise expressed. See California Education Code 17389
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives 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 Government Code 53250
  • motor oil: means any product used to lubricate the moving parts of an internal combustion engine. See California Government Code 53315.8
  • motor oil dealer: means any person, firm, or corporation engaged in the business of producing, packaging, or otherwise preparing motor oil for market, or selling or distributing motor oil. See California Government Code 53315.8
  • Motor vehicle fuel: means "engine fuel" when that term is used in this chapter. See California Government Code 53250
  • Municipal election: means elections in general law cities and where applicable in chartered cities. See California Education Code 88109
  • 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
  • National emergency: as used in this part means any period in which the United States is at war prior to the declaration by the Governor of a state military emergency. See California Government Code 18540.1
  • natural resource: includes land, water, air, minerals, vegetation, wildlife, silence, historic or aesthetic sites, or any other natural resource which, irrespective of ownership contributes, or in the future may contribute, to the health, safety, welfare, or enjoyment of a substantial number of persons, or to the substantial balance of an ecological community. See California Government Code 12605
  • 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
  • New citizen: means any person who meets all requirements of an elector of, and has established residency in, the state, except that he or she will become a United States citizen after the 15th day prior to an election. See California Education Code 88110
  • New resident: means a person who meets all requirements of an elector of the State of California except that his or her residency was established subsequent to the 15th day prior to the election. See California Education Code 88111
  • NGS: means the National Geodetic Survey or its successor. See California Government Code 21073
  • NGS: means National Geodetic Survey or its successor. See California Government Code 21117
  • NGS: means National Geodetic Survey or its successor. See California Government Code 21154
  • NGS: means National Geodetic Survey or its successor. See California Government Code 21165
  • 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 Education Code 88112
  • Nomination documents: means declaration of candidacy and nomination papers. See California Education Code 88113
  • Nonpartisan office: means an office, except for a voter-nominated office, for which no party may nominate a candidate. See California Education Code 88114
  • Nonprofit organization: means any nonprofit corporation qualified to do business in California, and qualified under Section 501?(c)(3) of the Internal Revenue Code. See California Government Code 19702.2
  • Nonresident: means a person who is not a resident as defined in Section 70. See California Government Code 51938
  • Nonvisual: means synthesized speech, braille, and other output methods that do not require sight. See California Government Code 18979
  • Oath: includes affirmation. See California Education Code 32287
  • Oath: includes affirmation. See California Education Code 17324
  • Oath: includes affirmation. See California Education Code 88115
  • Oath: includes an affirmation or declaration. See California Education Code 17389
  • Oath: includes affirmation or declaration under penalty of perjury. See California Education Code 17535
  • Oath: includes affirmation. See California Education Code 19423
  • Oath: A promise to tell the truth.
  • Occupational Safety and Health Standards Board: as used in this part means the Occupational Safety and Health Standards Board of the Division of Occupational Safety and Health, Department of Industrial Relations, State of California. See California Government Code 12973
  • On the bases enumerated in this part: means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. See California Government Code 19878.5
  • Open season: means that period of time during which the taking of birds, mammals, fish, reptiles, or amphibians is allowed as prescribed in this code and regulations adopted by the commission. See California Government Code 51939.2
  • Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
  • Operator: is a mobilehome park owner or operator who maintains and operates a master-metered natural gas distribution system. See California Government Code 22777
  • Operator: means the owner of the mobilehome park or the distribution system, or the designated responsible employee, manager, or legal representative. See California Government Code 22796
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Original: means the writing itself or any counterpart intended to have the same effect by a person executing or issuing it. See California Education Code 17582
  • Out-of-state emergency worker: means a voter who is officially engaged in responding to the proclamation of an out-of-state emergency and whose vocation has been identified in an executive order relating to the state of emergency. See California Education Code 88120
  • Overfishing: means a rate or level of taking that the best available scientific information, and other relevant information that the commission or department possesses or receives, indicates is not sustainable or that jeopardizes the capacity of a marine fishery to produce the maximum sustainable yield on a continuing basis. See California Government Code 52030
  • 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
  • owner: means a person who owns or controls or has the duty to control the operation of an amusement ride. See California Government Code 12980
  • owner: means a person who owns or controls or has the duty to control the operation of an amusement ride. See California Government Code 13070
  • Owner: includes the lessee, sublessee, assignee, managing agent, real estate broker or salesperson, or any person having any legal or equitable right of ownership or possession or the right to rent or lease housing accommodations, and includes the state and any of its political subdivisions and any agency thereof. See California Government Code 19880.1
  • 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
  • Paper cast vote record: means an auditable document that corresponds to the selection made on the voter's ballot and lists the contests on the ballot and the voter's selections for those contests. See California Education Code 88086
  • Parallel monitoring: means the testing of a randomly selected sampling of voting equipment on election day designed to simulate actual election conditions to confirm that the system is registering votes accurately. See California Government Code 19061
  • Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Education Code 88122
  • party-nominated office: means any of the following offices:

    California Education Code 88121

  • Pecuniary loss: means an economic loss or expense resulting from an injury or death to a victim of crime that has not been and will not be reimbursed from any other source. See California Government Code 13951
  • Peer counseling: means counseling offered by a provider of mental health counseling services who has completed a specialized course in rape crisis counseling skills development, participates in continuing education in rape crisis counseling skills development, and provides rape crisis counseling within the State of California. See California Government Code 13951
  • Perceive: means to acquire knowledge through one's senses. See California Education Code 17565
  • Permanent: means that the employee has a right to continued employment unless dismissed or laid off. See California Education Code 89530
  • Permanent amusement ride: includes the business of operating bungee jumping services or providing services to facilitate bungee jumping, but does not include slides, playground equipment, coin-operated devices or conveyances that operate directly on the ground or on a surface or pavement directly on the ground. See California Government Code 13070
  • Permit: includes application, license, certificate, or authorization. See California Government Code 13140
  • Permit: means a document issued by the division which indicates that an inspection of the ride has been performed pursuant to rules and regulations adopted by the division. See California Government Code 12980
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Education Code 32289
  • Person: includes a corporation as well as a natural person. See California Education Code 17389
  • Person: includes any individual, firm, corporation, association, copartnership, trust, business trust, receiver, trustee, or conservator for any thereof, but does not include this state or any public corporation, political subdivision, city, county, district, or any agency thereof or of this state. See California Education Code 90011
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Education Code 17566
  • Person: includes one or more individuals, partnerships, associations, corporations, limited liability companies, legal representatives, trustees, trustees in bankruptcy, and receivers or other fiduciaries. See California Government Code 19878
  • 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 person, firm, association, organization, partnership, business trust, corporation, limited liability company, company, district, county, city and county, city, town, the state, and any of the agencies and political subdivisions of such entities. See California Government Code 12604
  • 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
  • Person: means any individual, partnership and each partner thereof, corporation, limited liability company, or association. See California Government Code 12751
  • person: includes a firm, association, corporation, campaign committee or organization. See California Government Code 19818.10
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Education Code 17389
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Education Code 17568
  • 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 Government Code 21310
  • Physical disability: includes , but is not limited to, all of the following:

    California Government Code 19878.5

  • 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.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • 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.
  • Political subdivision: means any city, county, district, or other local governmental agency. See California Government Code 13995.83
  • Political subdivision: means a geographic area of representation created for the provision of government services, including, but not limited to, a general law city, general law county, charter city, charter county, charter city and county, school district, community college district, or other district organized pursuant to state law. See California Education Code 89529.03
  • Political subdivision: means a geographic area of representation created for the provision of government services, including, but not limited to, a city, a school district, a community college district, or other district organized pursuant to state law. See California Education Code 89529.11
  • 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 Education Code 88123
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • 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.
  • 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 Education Code 88124
  • precinct board: means the board appointed by the elections official to serve at a vote center. See California Education Code 88125
  • Precinct board member: is a member of the precinct board and includes an election officer. See California Education Code 88125
  • preliminary fact: means a fact upon the existence or nonexistence of which depends the admissibility or inadmissibility of evidence. See California Government Code 21073
  • Preservation: means rehabilitation, stabilization, restoration, development, and reconstruction, or any combination of those activities. See California Government Code 19702.2
  • Preservation: means rehabilitation, stabilization, restoration, conservation, development, and reconstruction, or any combination of those activities. See California Government Code 18903
  • 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.
  • Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
  • Primary election: includes all primary nominating elections provided for by this code. See California Education Code 88127
  • Principal act: means the law providing for the creation of a particular district or agency or type of district or agency. See California Education Code 89005
  • Prison facility: means real property, fixtures, furnishings, equipment, and related improvements for the following facilities:

    California Government Code 19592.2

  • Pro per: A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase "in propria persona." Source: U.S. Courts
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • 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
  • proffered evidence: means evidence, the admissibility or inadmissibility of which is dependent upon the existence or nonexistence of a preliminary fact. See California Government Code 21073 v2
  • Project: means any one or more dormitories or other housing facilities, boarding facilities, student union or activity facilities, vehicle parking facilities, alternative transportation programs, or any other auxiliary or supplementary facilities for individual or group accommodation, owned or operated or authorized to be acquired, constructed, furnished, equipped, and operated by the board for use by students, faculty members, or other employees of any one or more campuses of the California State University, or a combination of those facilities, which may include facilities already completed and facilities authorized for future completion, or any other facilities designated by the board as a project in providing for the issuance of revenue bonds or notes. See California Education Code 90011
  • Propane: means propane gas, also known as liquid petroleum gas or LPG. See California Government Code 22796
  • Property: includes both personal and real property. See California Education Code 17389
  • Property: includes both real and personal property. See California Education Code 17569
  • Property: includes all property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of this part. See California Government Code 19243.2
  • Property: includes real and personal property. See California Education Code 18743
  • Proprietary interest: means any nonregulatory arrangement or circumstances in which the financial or other nonregulatory interests of the university in a service contract could be adversely affected by labor-management conflict or consumer boycotts potentially resulting from a union organizing campaign. See California Education Code 92625.1
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protected class: means a class of voters who are members of a race, color, or language minority group, as this class is referenced and defined in the federal Voting Rights Act of 1965 (52 U. See California Education Code 89529.03
  • Protection: means those actions necessary to prevent harm or damage to persons, property or natural resources or those actions necessary to allow the continued use and enjoyment of property or natural resources and includes acquisition, development, restoration, preservation and interpretation. See California Government Code 19702.2
  • Protection: means those actions necessary to prevent harm or damage to persons, property, or natural, cultural, and historic resources, actions to improve access to public open-space areas, or actions to allow the continued use and enjoyment of property or natural, cultural, and historic resources, and includes site monitoring, acquisition, development, restoration, preservation, and interpretation. See California Government Code 18903
  • 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 defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public employee: means an officer, agent, or employee of a public entity. See California Education Code 17571
  • 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 Education Code 17572
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public place: means any system supplying two or more customers where any portion is under a public right of way. See California Government Code 22796
  • Purchase: means "buy" as defined in Section 24. See California Government Code 51942
  • Qualified medical evaluator: means physicians appointed by the administrative director pursuant to Section 139. See California Government Code 12572
  • Qualified safety inspector: means either of the following:

    California Government Code 13070

  • Racially polarized voting: means voting in which there is a difference, as defined in case law regarding enforcement of the federal Voting Rights Act of 1965 (52 U. See California Education Code 89529.03
  • Real estate-related transactions: include any of the following:

    California Government Code 19880.1

  • Real property: includes lands, tenements, and hereditaments. See California Education Code 17573
  • Recess: A temporary interruption of the legislative 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
  • 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
  • Regents of the University of California: means any of the following:

    California Education Code 92020

  • Regular election: is a n election, the specific time for the holding of which is prescribed by law. See California Education Code 88136
  • Relevant evidence: means evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action. See California Education Code 17574
  • Religious dress practice: shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. See California Government Code 19878.5
  • Religious grooming practice: shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed. See California Government Code 19878.5
  • 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.
  • Remainder: includes reversion, reversionary interest, right of entry, and executory interest. See California Education Code 18743
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • 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 with disabilities or a military or overseas voter who shall print the paper cast vote record to be submitted to the elections official. See California Education Code 88081
  • 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).
  • 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.
  • Restoration: means the improvement of physical structures or facilities and, in the case of natural systems and landscape features includes, but is not limited to, projects for the control of erosion, the control and elimination of exotic species, prescribed burning, fuel hazard reduction, fencing out threats to existing or restored natural resources, road elimination, and other plant and wildlife habitat improvement to increase the natural system value of the property. See California Government Code 19702.2
  • Restoration: means the improvement of physical structures or facilities and, in the case of natural systems and landscape features, includes, but is not limited to, projects for the control of erosion, stormwater capture and storage or to otherwise reduce stormwater pollution, the control and elimination of invasive species, the planting of native species, the removal of waste and debris, prescribed burning, fuel hazard reduction, fencing out threats to existing or restored natural resources, road elimination, improving instream, riparian, or managed wetland habitat conditions, and other plant and wildlife habitat improvement to increase the natural system value of the property or coastal or ocean resource. See California Government Code 18903
  • revenue bonds: means the written evidence of any obligation, other than revenue bond anticipation notes, issued by the board, payment of which is secured by a pledge of revenues or any part of revenues, as provided in this article, in order to obtain funds with which to carry out the purposes of this article, irrespective of the form of the obligations. See California Education Code 90011
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Roster: means the official list of voters for an election, which may be in paper or electronic form. See California Education Code 88138
  • 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 Health and Safety Code 4730.9
  • School measure: means any proposition, including but not limited to, a proposal for the issuance of bonds by a school district or community college district, an increase in the maximum tax rate of a school district or community college district, or the acceptance, expenditure, and repayment of state funds by a school district or community college district to enable the district to construct buildings and other facilities, submitted to the voters of the district at any election held in the district. See California Education Code 88139
  • season: means "open season. See California Government Code 51939.2
  • Secretary: means the Secretary of Veterans Affairs. See California Government Code 13995.102
  • Secretary: means the Secretary of Labor and Workforce Development. See California Education Code 32300
  • Secretary: means the Secretary of Transportation. See California Government Code 14002.5
  • Secretary: means the federal Secretary of Commerce. See California Government Code 12473
  • Secretary: means the Secretary of Food and Agriculture. See California Education Code 19961
  • Secretary: means the Secretary of the Resources Agency. See California Government Code 19702.2
  • 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
  • Serious injury or illness: means any injury or illness occurring in a place of employment or in connection with any employment which requires inpatient hospitalization for a period in excess of 24 hours for other than medical observation or in which an employee suffers a loss of any member of the body or suffers any serious degree of permanent disfigurement, but does not include any injury or illness or death caused by the commission of a Penal Code violation, except the violation of Section 385 of the Penal Code, or an accident on a public street or highway. See California Public Utilities Code 99234.1
  • Service contract: means a lease, management agreement, service agreement, loan bond, guarantee, or other similar agreement to which the university is a party and in which the university has a proprietary interest. See California Education Code 92625.1
  • Service contractor: means an individual, corporation, unincorporated association, partnership, or other entity, other than a collection agency retained by the university to enforce a financial obligation owed to the university, that, pursuant to a service contract, provides goods or services to the university. See California Education Code 92625.1
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sex: includes , but is not limited to, the following:

    California Government Code 19878.5

  • Sexual orientation: means heterosexuality, homosexuality, and bisexuality. See California Government Code 19878.5
  • Sheriff: includes "marshal. See California Education Code 32425
  • Sheriff: includes marshal. See California Education Code 17389
  • Signature: includes either of the following:

    California Education Code 88166

  • Significant decrease in voter turnout: means the voter turnout for a regularly scheduled election in a political subdivision is at least 25 percent less than the average voter turnout within that political subdivision for the previous four statewide general elections. See California Education Code 89529.11
  • Sister state judgment: means that part of any judgment, decree, or order of a court of a state of the United States, other than California, which requires the payment of money, but does not include a support order as defined in Section 155 of the Family Code. See California Government Code 12591.1
  • 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 Education Code 88167
  • Source of income: means lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant. See California Government Code 19880.1
  • Special election: is a n election, the specific time for the holding of which is not prescribed by law. See California Education Code 88167.5
  • Special sessions: as used in this division , means self-supporting instructional programs conducted by the California State University. See California Education Code 89708
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 32283
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 1001
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 17389
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 88168
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Government Code 51902
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 19407
  • Standard test: means a test conducted in accordance with the latest published standard adopted by ASTM International. See California Government Code 53250
  • Standards board: means the Occupational Safety and Health Standards Board, within the department. See California Public Utilities Code 99234.1
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 17325
  • 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 Education Code 17389
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 17576
  • State: means the State of California, unless applied to the different parts of the United States. See California Government Code 51950
  • 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 21113
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • State agency: as used in this chapter does not include educational institutions. See California Government Code 21073.1
  • State agency: means any agency, department, division, commission, board, bureau, officer, or other authority of the State of California. See California Government Code 12952
  • State Board: means the State Water Resources Control Board. See California Government Code 19702.2
  • State military emergency: as used in this part , means an emergency declared and terminable by the Governor by proclamation during, but not limited to, such times as the United States is conscripting personnel for service in the armed forces. See California Government Code 18540.2
  • 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 Education Code 17577
  • Statewide election: is a n election held throughout the state. See California Education Code 88180
  • Statute: includes a treaty and a constitutional provision. See California Education Code 17578
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • stock: means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit. See California Government Code 52032
  • 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
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • 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 Education Code 32288
  • 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 Education Code 19424
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervisor: means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment. See California Government Code 19878.5
  • Supplier: means a person or corporation, other than a public utility, who sells propane and arranges for its delivery to the operator's tank. See California Government Code 22796
  • Take: means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. See California Government Code 51951
  • Tank: means a vessel for the storage and distribution of propane. See California Government Code 22796
  • tax rate: as used in this chapter means tax rate per one hundred dollars ($100) of assessed valuation on all property to be taxed to fund a bond issue described in Section 9400. See California Education Code 92485
  • 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: includes any mode of oral statement made under oath or affirmation. See California Education Code 17389
  • To employ: means to engage, suffer or permit any person to do industrial homework, or to tolerate, suffer, or permit articles or materials under one's custody or control to be manufactured in a home by industrial homework. See California Government Code 12751
  • 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.
  • Town: includes "unincorporated town" and "village. See California Education Code 19430
  • 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.
  • Transport: includes offer or receive for transportation. See California Government Code 51952
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • 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 Education Code 17579
  • Trust fund: means the propane safety inspection and enforcement trust fund established pursuant to Section 4462. See California Government Code 22796
  • Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See California Government Code 21337
  • trustees: means the Trustees of the California State University, created under Section 66600. See California Education Code 89000
  • 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

  • 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 Health and Safety Code 4730.9
  • Undue hardship: means an action requiring significant difficulty or expense, when considered in light of the following factors:

    California Government Code 19878.5

  • University: means the University of California and its governing body, the Regents of the University of California. See California Education Code 92625.1
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • 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 Health and Safety Code 4730.9
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Veteran: means a person who is eligible for benefits under this chapter. See California Government Code 13995.102
  • veterans service organization: means any association or organization which is composed solely of persons who served honorably in time of war or in time of peace in a campaign or expedition for service in which a medal has been authorized by the government of the United States, as members of the Armed Forces of the United States, or who as citizens of the United States served honorably in time of war as members of the armed forces of any nation whose government was allied with the United States during that war, and which is organized for patriotic, fraternal, and benevolent objects. See California Government Code 13995.83
  • Veterinary food-animal drugs: as used in this chapter shall include the following:

    California Education Code 89306

  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Victim: means an individual who sustains injury or death as a direct result of a crime as specified in subdivision (e) of Section 13955. See California Government Code 13951
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • Victim center: means a victim and witness assistance center that receives funds pursuant to Section 13835. See California Government Code 13951
  • Violation: includes a failure to comply with any requirement of the code. See California Education Code 32400 v2
  • Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
  • Vote by mail voter: means any voter casting a ballot in any way other than at the polling place. See California Education Code 88076
  • Vote center: means a location established for holding elections that offers the services described in Sections 2170, 4005, and 4007. See California Education Code 88181
  • 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 Education Code 88182
  • Voter: means any elector who is registered under this code. See California Education Code 88183
  • Voter: means a voter or elector as respectively defined in the principal act of each district or agency. See California Education Code 89005
  • Voter list: means the list of registered voters in a single or consolidated precinct or in an entire county. See California Education Code 88184
  • Voter verified paper audit trail: means a paper cast vote record containing a copy of each of the voter's selections that allows each voter to confirm his or her selections before the voter casts his or her ballot for systems that do not contain a paper ballot. See California Government Code 19061
  • Voter-nominated office: means a congressional or state elective office for which a candidate may choose to have his or her party preference or lack of party preference indicated upon the ballot. See California Education Code 88185
  • 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 Education Code 88186
  • 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 Education Code 88190
  • 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 Education Code 88191
  • Voting system: means any voting machine, voting device, or vote tabulating device that does not use prescored punch card ballots. See California Government Code 19050.4
  • war: shall mean : (a) whenever Congress has declared war and peace has not been formally restored. See California Education Code 1000
  • Wildlife: means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. See California Government Code 52001
  • 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
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writing: includes printing and typewriting. See California Education Code 17389
  • 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 Education Code 17581