Terms Used In California Codes > Fish and Game Code > Division 6 > Part 3 > Chapter 2 > Article 16 - Drift Gill Net Shark and Swordfish Fishery

• Administrative director: means the Administrative Director of the Division of Workers' Compensation. See California Labor Code 110
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Age: refers to the chronological age of any individual who has reached a 40th birthday. See California Government Code 12926
• 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 12927
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appeals board: means the Workers' Compensation Appeals Board. See California Labor Code 110
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
• Commission: means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission. See California Fish and Game Code 30
• Contract: A legal written agreement that becomes binding when signed.
• County: includes city and county. See California Government Code 19
• County: includes "city and county. See California Code of Civil Procedure 17
• County: includes city and county. See California Fish and Game Code 32
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Civil Rights Department. See California Government Code 12925
• Department: means Department of Industrial Relations. See California Labor Code 19
• Department: means the Department of Fish and Wildlife. See California Fish and Game Code 37
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Director: means the Director of Civil Rights. See California Government Code 12925
• Director: means Director of Industrial Relations. See California Labor Code 20
• Director: means the Director of Fish and Wildlife. See California Fish and Game Code 39
• 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 12927
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the Division of Workers' Compensation. See California Labor Code 110
• Employment agency: includes any person undertaking for compensation to procure employees or opportunities to work. See California Government Code 12926
• 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}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Fish: means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. See California Fish and Game Code 45
• Fishery: means both of the following:

  California Fish and Game Code 94

• Fraud: Intentional deception resulting in injury to another.
• 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
• Gender: means sex, and includes a person's gender identity and gender expression. See California Government Code 12926
• 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 12926
• 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 12926
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• 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.
• 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 12926
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Medical director: means the physician appointed by the administrative director pursuant to Section 122. See California Labor Code 110
• 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 Fish and Game Code 56
• Oath: A promise to tell the truth.
• Oath: includes affirmation. See California Government Code 15
• Owner: means any person, including his or her legal representative, who has or had a legal or equitable interest in unclaimed property. See California Code of Civil Procedure 1601
• 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 12927
• Person: includes any individual, partnership, corporation, limited liability company, unincorporated association, or other legal entity. See California Code of Civil Procedure 1601
• 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 12925
• Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
• Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
• Person: means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. See California Fish and Game Code 67
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
• Property: includes both personal and real property. See California Code of Civil Procedure 17
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• 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).
• season: means "open season. See California Fish and Game Code 62
• Secretary: means the Secretary of Labor and Workforce Development. See California Labor Code 19.5
• Sell: includes offer or possess for sale, barter, exchange, or trade. See California Fish and Game Code 75
• 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 12926

• Sexual orientation: means heterosexuality, homosexuality, and bisexuality. See California Government Code 12926
• Source of income: includes a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher. See California Government Code 12927
• State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
• State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
• State: means the State of California, unless applied to the different parts of the United States. See California Fish and Game Code 83
• state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Fish and Game Code 73
• Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
• Subpoena: A command to a witness to appear and give testimony.
• subscription: includes mark when the signer or subscriber can not write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name. See California Labor Code 17
• Summons: Another word for subpoena used by the criminal justice system.
• Take: means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. See California Fish and Game Code 86
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• 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 Code of Civil Procedure 1601

• Veteran or military 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 12926
• Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
• Will: includes codicil. See California Code of Civil Procedure 17
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.