Terms Used In California Codes > Labor Code > Division 1 > Chapter 5

• Action: means an action for partition under this title. See California Education Code 18743
• Administrative director: means the Administrative Director of the Division of Workers' Compensation. See California Government Code 12572
• 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.
• Agency: means the Labor and Workforce Development Agency. See California Education Code 32290
• 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 Government Code 12572
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• 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.
• 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.
• 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}
• 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.
• 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.
• Commission: means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission. See California Government Code 51924
• 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.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conviction: A judgement of guilt against a criminal defendant.
• 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 17389
• County: includes city and county. See California Government Code 51925
• Day: means calendar day, and "week" means calendar week. See California Government Code 51927
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means Department of Industrial Relations. See California Education Code 32295.5
• Department: means the Department of Fish and Wildlife. See California Government Code 51928
• Dependent: A person dependent for support upon another.
• Director: means Director of Industrial Relations. See California Education Code 32390
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• District: means fish and game district. See California Government Code 51929.5
• Division: means the Division of Workers' Compensation. See California Government Code 12572
• Donor: The person who makes a gift.
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• 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.
• 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.
• Fish: means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. See California Government Code 51930
• Fishery: means both of the following:

  California Government Code 52008

• 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
• 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.
• 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

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inter vivos: Transfer of property from one living person to another living person.
• 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
• 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.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Medical director: means the physician appointed by the administrative director pursuant to Section 122. See California Government Code 12572
• 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
• Nonresident: means a person who is not a resident as defined in Section 70. See California Government Code 51938
• Oath: includes an affirmation or declaration. See California Education Code 17389
• Oath: includes affirmation. See California Education Code 19423
• 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: means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. See California Government Code 51941
• 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
• 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:
• 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.
• Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Education Code 17389
• Property: includes both personal and real property. See California Education Code 17389
• Property: includes real and personal property. See California Education Code 18743
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• 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
• 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
• 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.
• Secretary: means the Secretary of Labor and Workforce Development. See California Education Code 32300
• 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.
• 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
• Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 32283
• 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 Government Code 51950
• 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 Government Code 51944
• 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 32288
• 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 Government Code 51951
• Testify: Answer questions in court.
• 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
• 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.
• Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• 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.
• Violation: includes a failure to comply with any requirement of the code. See California Education Code 32400 v2
• Writ: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Education Code 17389
• 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