Chapter 1 Salaries
Chapter 2 Oaths for State Employees
Chapter 3 Loyalty
Chapter 4 Administrative Regulations
Chapter 5 Interns and Student Assistants

Terms Used In California Codes > Government Code > Title 2 > Division 5 > Part 1

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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.
  • 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.
  • 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
  • Authorized officer: means any individual required or permitted, alone or with others, by any provision of law or by the issuing public entity, to execute on behalf of the public entity a certificated registered public obligation or a writing relating to an uncertificated registered public obligation. See California Insurance Code 935.9
  • ballot: means any of the following:

    California Education Code 88078

  • 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
  • Board: means the Respiratory Care Board of California. See California Education Code 88066
  • Board: means the State Allocation Board. See California Education Code 17087
  • bonds: means State, county, municipal, or other public corporation or district bonds. See California Insurance Code 1031
  • business opportunity: shall include the sale or lease of the business and goodwill of an existing business enterprise or opportunity. See California Government Code 53190
  • candidate: includes any officeholder who is subject to a recall election. See California Education Code 88085
  • Certificated registered public obligation: means a registered public obligation which is represented by an instrument. See California Insurance Code 935.9
  • City: includes "city and county" and "incorporated town. See California Education Code 7007
  • Code: means the Internal Revenue Code of 1954, as amended. See California Insurance Code 935.9
  • commission: means the California Transportation Commission. See California Education Code 7054.1
  • Commissioner: means the Insurance Commissioner of this State. See California Education Code 25022.5
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Construction: includes :

    California Education Code 8091

  • Conviction: A judgement of guilt against a criminal defendant.
  • County: includes city and county. See California Education Code 17321
  • County: includes "city and county. See California Education Code 7005
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • deed of trust: as used in this part includes "mortgage. See California Government Code 53186
  • Department: means the Department of Transportation of this state. See California Education Code 7053
  • Department: means the Department of Food and Agriculture. See California Education Code 19959
  • Dependent: A person dependent for support upon another.
  • 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 Government Code 31831.2
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Domestic: means organized under the laws of this State, whether or not admitted. See California Education Code 32031
  • Election: means any election including a primary that is provided for under this code. See California Education Code 88097
  • Elections official: means any of the following:

    California Education Code 88100

  • 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
  • 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
  • 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.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Facsimile seal: means the reproduction by engraving, imprinting, stamping, or other means of the seal of the issuer, official or official body. See California Insurance Code 935.9
  • Facsimile signature: means the reproduction by engraving, imprinting, stamping, or other means of a manual signature. See California Insurance Code 935.9
  • 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.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Financial intermediary: means a bank, broker, clearing corporation, or other person, or the nominee of any of them, which in the ordinary course of its business maintains registered public obligation accounts for its customers, when so acting. See California Insurance Code 935.9
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreign: means not organized under the laws of this State, whether or not admitted. See California Education Code 32032
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • highway: includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance. See California Education Code 7056
  • Issuer: means a public entity which issues an obligation. See California Insurance Code 935.9
  • issuing body: means the State, any subdivision thereof, municipality, public corporation, or district. See California Insurance Code 1033
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: A gift of property made by will.
  • Lessee: means a school district or county superintendent of schools to whom the board has leased a portable classroom pursuant to this chapter. See California Education Code 17087
  • license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Education Code 17330
  • Licensee: means a person or entity, other than a corporation, authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Education Code 17351
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Education Code 88108
  • Medical director: means a physician and surgeon who is a member of a health care facility's active medical staff and who is knowledgeable in respiratory care. See California Education Code 88066
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Oath: includes affirmation. See California Education Code 19423
  • Obligation: means an agreement of a public entity to pay principal and any interest thereon, whether in the form of a contract to repay borrowed money, a lease, an installment purchase agreement, or otherwise, and includes a share, participation, or other interest in any such agreement. See California Insurance Code 935.9
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Official actions: means the actions by statute, order, ordinance, resolution, contract, or other authorized means by which the issuer provides for issuance of a registered public obligation. See California Insurance Code 935.9
  • Official or official body: means the officer or board that is empowered under the laws of this state to provide for original issuance of an obligation of the issuer, by defining the obligation and its terms, conditions, and other incidents, the successor or successors of any such official or official body, and such other person or group or persons as shall be assigned duties of such official or official body with respect to a registered public obligation under applicable law from time to time. See California Insurance Code 935.9
  • order: means declaration, proclamation, or order of any officer or court having jurisdiction to make the declaration, proclamation, or order. See California Insurance Code 1033.5
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Education Code 88122
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Education Code 25022
  • Person: includes a corporation as well as a natural person. See California Education Code 17496
  • Personal property: All property that is not real property.
  • 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
  • Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Education Code 19431
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • 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 purchase: means a purchase by means of competitive bids of goods, services, or materials by the state or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. See California Insurance Code 358
  • Public purchasing body: means the state or the subdivision or agency making a public purchase. See California Insurance Code 358
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Registered public obligation: means an obligation issued by a public entity pursuant to a system of registration. See California Insurance Code 935.9
  • 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.
  • Respiratory care: includes "respiratory therapy" or "inhalation therapy" where those terms mean respiratory care. See California Education Code 88066
  • Salesperson: when used without modification, means a person licensed as a salesperson under any of the provisions of this part. See California Government Code 53151
  • Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Education Code 19966
  • 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.
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 19962
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 32033
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 17325
  • State agency: includes every state office, officer, department, division, bureau, board, authority, and commission. See California Education Code 88066
  • State highway: means any highway which is acquired, laid out, constructed, improved or maintained as a State highway pursuant to constitutional or legislative authorization. See California Education Code 7058
  • State Highway Account: means the State Highway Account in the State Transportation Fund. See California Education Code 8092
  • State School Building Aid Fund: means that fund established pursuant to Section 16096. See California Education Code 17087
  • 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 the term appears unless some other section is expressly mentioned. See California Education Code 17486
  • 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.
  • 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 25021
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transportation enhancement project: means a project constructed or undertaken with funds made available to the state pursuant to Section 133(b)(8) of Title 23 of the United States Code. See California Government Code 18210
  • Transportation Planning and Development Account: means the Transportation Planning and Development Account created in the State Transportation Fund pursuant to Section 99310 of the Public Utilities Code. See California Government Code 18150
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Uncertificated registered public obligation: means a registered public obligation which is not represented by an instrument. See California Insurance Code 935.9
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC