Chapter 1 The Department of Corrections and Rehabilitation
Chapter 2 The Secretary of the Department of Corrections and Rehabilitation
Chapter 3 The Board of Parole Hearings
Chapter 3.5 The Robert Presley Center of Crime and Justice Studies
Chapter 4 Division of Juvenile Facilities
Chapter 4.5 Examination of Staff for Tuberculosis
Chapter 5 The Corrections Standards Authority
Chapter 6 Appointment of Personnel
Chapter 6.5 Internal Investigations
Chapter 7 Definitions
Chapter 8 The Medical Facility
Chapter 8.2 Office of the Inspector General
Chapter 9 Conservation Centers
Chapter 9.2 Restitution Centers
Chapter 9.4 Substance Abuse Community Correctional Detention Centers
Chapter 9.5 Community Correctional Centers
Chapter 9.6 Work Furlough Programs
Chapter 9.7 Special Facilities
Chapter 10 Regional Jail Camps
Chapter 10.5 Prison Visitor Services
Chapter 10.7 Prison Visitation
Chapter 10.9 Prisoner Protections for Family and Community Health Act
Chapter 11 Master Plan Construction
Chapter 14 New Prison Construction Bond Act of 1986
Chapter 15 New Prison Construction Bond Act of 1988
Chapter 16 New Prison Construction Bond Act of 1990
Chapter 17 Children of Incarcerated Parents

Terms Used In California Codes > Penal Code > Part 3 > Title 7

  • 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
  • Active militia: means the active militia as defined by Section 120 of the Military and Veterans Code. See California Probate Code 8466
  • Administering agency: means the Treasurer, in the case of contracts for professional bond services, and the Department of General Services' Office of Small Business and Disabled Veteran Business Enterprise Services, in the case of contracts governed by Section 999. See California Public Utilities Code 28870
  • Adult: means an individual who is at least 18 years of age. See California Probate Code 7642
  • 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.
  • Agent: means an individual who meets either of the following criteria:

    California Probate Code 7642

  • Allegation: something that someone says happened.
  • 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.
  • Amortization: Paying off a loan by regular installments.
  • Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See California Probate Code 7642
  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • 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.
  • Attendance: means the number of children present at a child care and development facility. See California Education Code 8208
  • Authority: means the California Educational Facilities Authority created by this chapter or any board, body, commission, department, or officer succeeding to the principal functions of the authority or to whom the power conferred upon the authority by this chapter is given by law. See California Education Code 94110
  • Awarding department: means a state agency, department, governmental entity, or other officer or entity empowered by law to issue bonds or enter into contracts on behalf of the state. See California Public Utilities Code 28870
  • 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
  • Beneficiary: means a person to whom a donative transfer of property is made or that person's successor in interest, and:

    California Government Code 21257

  • board: means the California Department of Tax and Fee Administration. See California Education Code 5301
  • Board of trustees: means the legislative body of a district. See California Probate Code 8466
  • Bond: means bonds, notes, debentures, securities, or other evidences of indebtedness of the authority issued pursuant to this chapter. See California Education Code 94110
  • Bonds: means bonds, notes, warrants, certificates of participation, and other evidences of indebtedness issued by, or on behalf of, the state. See California Public Utilities Code 28870
  • Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
  • bus: is a ny vehicle, including a trailer bus, designed, used, or maintained for carrying more than 15 persons including the driver. See California Education Code 8265
  • business: includes a proprietorship, partnership, corporation, and any other form of commercial enterprise. See California Education Code 8265.1
  • Child: means any individual entitled to take as a child under this code by intestate succession from the parent whose relationship is involved. See California Government Code 21258
  • City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Education Code 5092
  • City: includes incorporated city, city and county, municipal corporation, municipality, town, and incorporated town. See California Education Code 5227
  • Claim: means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated:

    California Water Code 36455.3

  • Commission: means the Public Utilities Commission created by Section 1 of Article XII of the California Constitution, and "commissioner" means a member of the commission. See California Education Code 5093
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • Conservator: includes a limited conservator. See California Government Code 21261
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: includes any agreement or joint agreement to provide professional bond services to the State of California or an awarding department. See California Public Utilities Code 28870
  • Contractor: includes a provider of professional bond services who enters into a contract with an awarding department. See California Public Utilities Code 28870
  • Controller: means the State Controller. See California Education Code 5303
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Cost: includes , but is not limited to, expenditures that are related to the operation of child care and development programs. See California Education Code 8208
  • 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 1012
  • County: includes city and county. See California Education Code 5091
  • County: includes city and county. See California Education Code 5228
  • creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
  • Creditor: means a person who may have a claim against estate property. See California Water Code 36455.3
  • debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
  • Decedent: means a deceased individual whose body or part is or may be the source of an anatomical gift. See California Probate Code 7642
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • department: means the Department of Veterans Affairs. See California Government Code 13332.14
  • department: means State Department of Health Services. See California Education Code 24943
  • Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Education Code 8277.2
  • 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.
  • Devise: To gift property by will.
  • Devise: when used as a noun, means a disposition of real or personal property by will, and, when used as a verb, means to dispose of real or personal property by will. See California Government Code 21263
  • Devisee: means any person designated in a will to receive a devise. See California Government Code 21264
  • Director: means "State Director of Health Services. See California Education Code 24944
  • directors: as used in this part , means the board of directors of the district. See California Water Code 1242
  • Disabled veteran: means a veteran of the military, naval, or air service of the United States, including, but not limited to, the Philippine Commonwealth Army, the Regular Scouts, "Old Scouts" and the Special Philippine Scouts, "New Scouts" who has at least a 10-percent service-connected disability and who is domiciled in the state. See California Public Utilities Code 28870
  • Disabled veteran business enterprise: means a business certified by the administering agency as meeting all of the following requirements:

    California Public Utilities Code 28870

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Disinterested witness: means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. See California Probate Code 7642
  • District: means a public cemetery district created pursuant to this part or any of its statutory predecessors. See California Probate Code 8466
  • District: as used in this part , means the San Francisco Bay Area Rapid Transit District. See California Water Code 1230
  • Document of gift: means a donor card or other record used to make an anatomical gift. See California Probate Code 7642
  • Domestic partner: means two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring, and are qualified and registered with the Secretary of State as domestic partners in accordance with Division 2. See California Probate Code 8466
  • Domestic partner: means a person who is registered under Section 297 of the Family Code, or otherwise recognized under the law of any state as a domestic partner. See California Probate Code 7642
  • Domestic partner: means one of two persons who have filed a Declaration of Domestic Partnership with the Secretary of State pursuant to Division 2. See California Government Code 21266
  • Donee: The recipient of a gift.
  • Donor: means an individual whose body or part is the subject of an anatomical gift. See California Probate Code 7642
  • Donor: The person who makes a gift.
  • Donor registry: means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts, including, but not limited to, the Donate Life California Organ and Tissue Donor Registry. See California Probate Code 7642
  • Dormitory: means a housing unit with necessary and usual attendant and related facilities and equipment. See California Education Code 94110
  • driver: is a person who drives or is in actual physical control of a vehicle. See California Education Code 8278.3
  • 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
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence-based practices: refers to supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under probation, parole, or post release supervision. See California Education Code 1046
  • Executor: A male person named in a will to carry out the decedent
  • Eye bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. See California Probate Code 7642
  • 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.
  • Family member: means any spouse, by marriage or otherwise, domestic partner, child or stepchild, by natural birth or adoption, parent, brother, sister, half-brother, half-sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or any person denoted by the prefix "grand" or "great" or the spouse of any of these persons. See California Probate Code 8466
  • Fiduciary: A trustee, executor, or administrator.
  • Financial institution: means a state or national bank, state or federal savings and loan association or credit union, or like organization. See California Government Code 21269
  • Firefighter: means a firefighter as defined by Section 1797. See California Probate Code 8466
  • Fraud: Intentional deception resulting in injury to another.
  • General public paratransit vehicle: means any motor vehicle designed for carrying no more than 24 persons and the driver, that provides local transportation to the general public, including transportation of pupils at or below the 12th-grade level to or from a public or private school or school activity, under the exclusive jurisdiction of a publicly owned and operated transit system through one of the following modes: dial-a-ride, subscription service, or route-deviated bus service. See California Education Code 8332.25
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Goal: means a numerically expressed objective that awarding departments and contractors are required to make efforts to achieve. See California Public Utilities Code 28870
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. See California Probate Code 7642
  • Heir: means any person, including the surviving spouse, who is entitled to take property of the decedent by intestate succession under this code. See California Government Code 21291
  • Highway: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Education Code 8332.7
  • Hospital: means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. See California Probate Code 7642
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Instrument: means a will, trust, deed, or other writing that designates a beneficiary or makes a donative transfer of property. See California Government Code 21291.5
  • 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
  • interested person: includes any of the following:

    California Government Code 21293

  • Interment right: means the rights held by the owner to use or control the use of a plot authorized by this part, for the interment of human remains, including both of the following rights:

    California Probate Code 8466

  • 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.
  • Know: means to have actual knowledge. See California Probate Code 7642
  • knowingly: import s only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See California Education Code 1012
  • 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.
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • license: shall include a permit or a certificate issued by a state agency. See California Education Code 1097
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local educational agency: means a school district, a county office of education, a community college district, or a school district acting on behalf of one or more schools within the school district. See California Education Code 8208
  • Minor: means an individual who is under 18 years of age. See California Probate Code 7642
  • month: means a calendar month, unless otherwise expressed. See California Education Code 1012
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of Section 18010 of the Health and Safety Code, but does not include a truck camper. See California Education Code 8360
  • 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
  • newspaper: means a newspaper of general circulation. See California Education Code 5344
  • 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.
  • Nonresident: means a person who does not reside within a district or does not pay property taxes on property located in a district. See California Probate Code 8466
  • nonresident personal representative: means a nonresident of this state appointed as personal representative, or a resident of this state appointed as personal representative who later removes from and resides without this state. See California Probate Code 8570
  • Oath: includes an affirmation or declaration. See California Education Code 17389
  • Oath: A promise to tell the truth.
  • 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.
  • Organ procurement organization: means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization. See California Probate Code 7642
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: is a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle. See California Education Code 8368
  • Parent: means a parent whose parental rights have not been terminated. See California Probate Code 7642
  • Parent: means any individual entitled to take as a parent under this code by intestate succession from the child whose relationship is involved. See California Government Code 21296
  • Part: means an organ, an eye, or tissue of a human being. See California Probate Code 7642
  • participating college: means a private college that participates with the authority in undertaking the financing and construction or acquisition of a project and does not restrict the admission of a student based on his or her race or ethnicity, provided that the financing does not violate Section 5 of Article XVI of the California Constitution or the establishment clause of the First Amendment to the United States Constitution. See California Education Code 94110
  • Participating nonprofit entity: means an entity within the meaning of paragraph (3) of subsection (c) of Section 501 of Title 26 of the United States Code that, pursuant to this chapter for the purpose of owning student, faculty, or staff housing, as approved by, and for participation with, the authority, undertakes the financing and construction or acquisition of student, faculty, or staff housing, on real property owned or leased by the entity, for the benefit of a public college, public university, or participating private college. See California Education Code 94110
  • 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.
  • partnership: shall include limited liability company, registered limited liability partnership, and foreign limited liability partnership, except where the context or the specific provisions of this division otherwise require. See California Education Code 5325
  • Peace officer: means a peace officer as defined by Section 830 of the Penal Code. See California Probate Code 8466
  • peace officer: signify any one of the officers mentioned in Chapter 4. See California Education Code 1012
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See California Probate Code 7642
  • Person: includes a corporation as well as a natural person. See California Education Code 17389
  • person: includes a corporation as well as a natural person. See California Education Code 1012
  • Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Education Code 8404
  • Person: includes any person, firm, partnership, general partner of a partnership, limited liability company, registered limited liability partnership, foreign limited liability partnership, association, corporation, company, syndicate, estate, trust, business trust, or organization of any kind. See California Education Code 5300
  • Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Government Code 21298
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Education Code 24942
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Education Code 17389
  • personal property: include money, goods, chattels, things in action, and evidences of debt. See California Education Code 1012
  • Personal property: All property that is not real property.
  • 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
  • Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See California Probate Code 7642
  • 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.
  • 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.
  • 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.
  • Predeceased spouse: means a person who died before the decedent while married to the decedent, except that the term does not include any of the following:

    California Government Code 21310.5

  • Principal county: means the county having all or the greater portion of the entire assessed value, as shown on the last equalized assessment roll of the county or counties, of all taxable property within a district. See California Probate Code 8466
  • Private college: means an institution for higher education other than a public college, situated within the state and that, by virtue of law or charter, is a nonprofit private or independent degree-granting educational institution that is regionally accredited and empowered to provide a program of education beyond the high school level. See California Education Code 94110
  • 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.
  • Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See California Probate Code 7642
  • Professional bond services: include services as financial advisers, bond counsel, underwriters in negotiated transactions, underwriter's counsel, financial printers, feasibility consultants, and other professional services related to the issuance and sale of bonds. See California Public Utilities Code 28870
  • Project: means a dormitory or an educational facility, faculty or staff housing, or any combination thereof, or any function concerning student loans, or interests in student loans, as determined by the authority. See California Education Code 94110
  • Property: includes both personal and real property. See California Education Code 17389
  • property: includes both real and personal property. See California Education Code 1012
  • Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Government Code 21313
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public agency: as used in this part , includes the State of California, and any county, city and county, city, district, or other political subdivision or public entity of, or organized under the laws of, this State. See California Water Code 1242.5
  • Public college: means a community college. See California Education Code 94110
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • 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 university: means any campus of the University of California, the California State University, or the Hastings College of the Law. See California Education Code 94110
  • Quorum: The number of legislators that must be present to do business.
  • Rapid transit: as used in this part , means the transportation of passengers and their incidental baggage by any means. See California Water Code 1240
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: includes a leasehold interest in real property. See California Government Code 21318
  • Reasonably available: means able to be contacted by a procurement organization, without undue effort, and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See California Probate Code 7642
  • Recipient: means an individual into whose body a decedent's part has been, or is intended to be, transplanted. See California Probate Code 7642
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See California Probate Code 7642
  • 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
  • Refusal: means a record created under Section 7150. See California Probate Code 7642
  • 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.
  • 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).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • San Francisco Bay area: as used in this part , means the Counties of San Francisco, Marin, Sonoma, Napa, Solano, Contra Costa, Alameda, Santa Clara and San Mateo. See California Water Code 1231
  • Security: includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. See California Government Code 21320
  • semitrailer: is a vehicle designed for carrying persons or property, used in conjunction with a motor vehicle, and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle. See California Education Code 8448
  • 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.
  • Sign: means , to do either of the following with the present intent to authenticate or adopt a record:

    California Probate Code 7642

  • Site supervisor: means a person who, regardless of his or her title, has operational program responsibility for a child care and development program at a single site. See California Education Code 8208
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • 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 1012
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 5223
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 24935
  • Spouse: includes domestic partner, as defined in Section 37 of this code, as required by Section 297. See California Government Code 21322
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See California Probate Code 7642
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Education Code 1012
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 5090
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 25000.5
  • State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Government Code 21325
  • state agency: shall include any state board, commission, bureau, or division created pursuant to the provisions of the Business and Professions Code, the Education Code, or the Chiropractic Initiative Act to license and regulate individuals who engage in certain businesses and professions. See California Education Code 1097
  • State Board of Equalization meeting as a public body: means the California Department of Tax and Fee Administration for those duties, powers, and responsibilities transferred to the California Department of Tax and Fee Administration pursuant to Section 15570. See California Education Code 5302
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Student loan: means a loan having terms and conditions acceptable to the authority that is made to finance or refinance the costs of attendance at a private college or a public college and that is approved by the authority, if the loan is originated pursuant to a program that is approved by the authority. See California Education Code 94110
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Education Code 5028
  • Subpoena: A command to a witness to appear and give testimony.
  • subscription: includes mark. See California Education Code 5231
  • 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 24941
  • Summons: Another word for subpoena used by the criminal justice system.
  • Technician: means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. See California Probate Code 7642
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tissue: means a portion of the human body other than an organ or an eye. See California Probate Code 7642
  • Tissue bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. See California Probate Code 7642
  • 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.
  • trailer: includes a semitrailer when used in conjunction with an auxiliary dolly, if the auxiliary dolly is of a type constructed to replace the function of the drawbar and the front axle or axles of a trailer. See California Education Code 8483.76
  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • truck tractor: is a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load, other than a part of the weight of the vehicle and the load so drawn. See California Education Code 8484.5
  • Trust: includes the following:

    California Government Code 21331

  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trust company: means an entity that has qualified to engage in and conduct a trust business in this state. See California Government Code 21335
  • Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See California Government Code 21337
  • Trustee: A person or institution holding and administering property in trust.
  • vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Education Code 8486
  • veteran: means any of the following:

    California Public Utilities Code 103360.1

  • Voter: means a voter as defined by Section 359 of the Elections Code. See California Probate Code 8466
  • willfully: when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. See California Education Code 1012
  • 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