Oregon Statutes 138.005 – Definitions for ORS 138.010 to 138.310
As used in ORS § 138.010 to 138.310:
Terms Used In Oregon Statutes 138.005
- 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.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) Unless the context requires otherwise, the terms defined in ORS § 19.005 have the meanings set forth in ORS § 19.005.
(2) ‘Appealable’ means, in reference to a judgment or order rendered by a trial court, that the judgment or order is, by law, subject to appeal by a party.
(3) ‘Colorable claim of error’ means an argument that is plausible, grounded in the facts of the case, and reasonable under current law or a reasonable extension or modification of current law.
(4) ‘Reviewable’ means, in reference to a particular decision of a trial court on appeal from an appealable judgment or order, that the appellate court may, by law, consider the decision and resolve an issue regarding the decision.
(5) ‘Sentence’ means all legal consequences established or imposed by the trial court after conviction of an offense, including but not limited to:
(a) Forfeiture, imprisonment, cancellation of license, removal from office, monetary obligation, probation, conditions of probation, discharge, restitution and community service; and
(b) Suspension of imposition or execution of any part of a sentence, extension of a period of probation, imposition of a new or modified condition of probation or of sentence suspension, and imposition or execution of a sentence upon revocation of probation or sentence suspension. [1959 c.558 § 35; 2017 c.529 § 1]