California Codes > Labor Code > Division 5 > Part 1 > Chapter 7 – Appeal Proceedings
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Terms Used In California Codes > Labor Code > Division 5 > Part 1 > Chapter 7 - Appeal Proceedings
- 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.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
- 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 Occupational Safety and Health Appeals Board, within the department. See California Labor Code 6302
- City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Public Utilities Code 19
- 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.
- County: includes "city and county. See California Labor Code 14
- County: includes city and county. See California Public Utilities Code 18
- 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.
- Division: means the Division of Occupational Safety and Health. See California Labor Code 6302
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Joint resolution: A legislative measure which requires the approval of both chambers.
- 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.
- Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
- Personal property: All property that is not real property.
- 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.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- State: means the State of California, unless applied to the different parts of the United States. See California Public Utilities Code 17
- 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.
- Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.