Terms Used In Oregon Statutes > Chapter 180 > Department of Justice > Generally

• 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.
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Any other state: includes any state and the District of Columbia. See Oregon Statutes 174.100
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• ballot: includes material posted in a voting compartment or delivered to an elector by mail. See Oregon Statutes 254.005
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these 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}
• Candidate: means a candidate for nomination or election to any elective office. See Oregon Statutes 258.006
• Chief elections officer: means the:

  (a) Secretary of State, regarding a candidate for a state office or an office to be voted on in the state at large or in a congressional district, or a measure to be voted on in the state at large. See Oregon Statutes 254.005

• City: includes any incorporated village or town. See Oregon Statutes 174.100
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contestant: means any person who files a petition of contest under ORS § 258. See Oregon Statutes 258.006
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• County clerk: means the county clerk or the county official in charge of elections. See Oregon Statutes 254.005
• County clerk: means the county clerk or the county official in charge of elections. See Oregon Statutes 255.005
• County clerk: means the county clerk or the county official in charge of elections. See Oregon Statutes 258.006
• County court: includes board of county commissioners. See Oregon Statutes 174.100
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• District board: means the governing body of a district. See Oregon Statutes 255.005
• District election: means any election authorized or required to be held by a district. See Oregon Statutes 255.005
• District elections authority: means the county court or board of county commissioners, district board or other body or officer authorized or required to call a district election. See Oregon Statutes 255.005
• Docket: A log containing brief entries of court proceedings.
• Elections officer: means the:

  (a) County clerk of the county in which the administrative office of the district is located regarding a measure, or a candidate for an office, to be voted on in a district located in more than one county. See Oregon Statutes 255.005

• Elector: means an individual qualified to vote under section 2, Article II, Oregon Constitution. See Oregon Statutes 254.005
• Elector: means an individual qualified to vote under section 2, Article II, Oregon Constitution. See Oregon Statutes 255.005
• Elector: means an individual qualified to vote under section 2, Article II, Oregon Constitution. See Oregon Statutes 258.006
• 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}
• 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}
• 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.
• executive department: means all statewide elected officers other than judges, and all boards, commissions, departments, divisions and other entities, without regard to the designation given to those entities, that are within the executive branch of government as described in Article III, section 1, of the Oregon Constitution, and that are not:

  (a) In the judicial department or the legislative department;

  (b) Local governments; or

  (c) Special government bodies. See Oregon Statutes 174.112

• Executor: A male person named in a will to carry out the decedent
• Fiduciary: A trustee, executor, or administrator.
• Fraud: Intentional deception resulting in injury to another.
• Full recount: means a recount of all the precincts in which votes were cast for the nomination or office for which a candidate received a vote or on any measure that appeared on the ballot. See Oregon Statutes 258.006
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• 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.
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• 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}
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• 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}
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
• Major political party: means a political party that has qualified as a major political party under ORS § 248. See Oregon Statutes 254.005
• Measure: includes any of the following submitted to the people for their approval or rejection at an election:

  (a) A proposed law. See Oregon Statutes 254.005

• Measure: includes any of the following submitted to the people for their approval or rejection at an election:

  (a) A proposed law. See Oregon Statutes 255.005

• Measure: includes any of the following submitted to the people for their approval or rejection at an election:

  (a) A proposed law. See Oregon Statutes 258.006

• Minor political party: means a political party that has qualified as a minor political party under ORS § 248. See Oregon Statutes 254.005
• Nonpartisan office: means the office of judge of the Supreme Court, Court of Appeals, circuit court or the Oregon Tax Court, Commissioner of the Bureau of Labor and Industries, any elected office of a metropolitan service district under ORS Chapter 268, justice of the peace, county clerk, county assessor, county surveyor, county treasurer, county judge who exercises judicial functions, sheriff, district attorney or any office designated nonpartisan by a home rule charter. See Oregon Statutes 254.005
• 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.
• Partial recount: means a recount conducted in a number of precincts equal to the greater of:

  (a) Five percent of the precincts in which votes were cast for the nomination or office for which a candidate received a vote or on any measure that appeared on the ballot; or

  (b) Three specified precincts in which votes were cast for the nomination or office for which a candidate received a vote or on any measure that appeared on the ballot. See Oregon Statutes 258.006

• 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.
• Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
• public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
• public notice: means any legal publication which requires an affidavit of publication as required in ORS § 193. See Oregon Statutes 174.104
• Regular district election: means the election held each year for the purpose of electing members of any district board as defined in subsection (2) of this section. See Oregon Statutes 255.005
• 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.
• School district: means a common school district, a union high school district, an education service district or a community college district. See Oregon Statutes 255.005
• 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.
• state government: means the executive department, the judicial department and the legislative department. See Oregon Statutes 174.111
• State Treasury: includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. See Oregon Statutes 174.100
• Statute: A law passed by a legislature.
• Summons: Another word for subpoena used by the criminal justice system.
• 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.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
• Violate: includes failure to comply. See Oregon Statutes 174.100
• Vote tally system: means one or more pieces of equipment necessary to examine and tally automatically the marked ballots. See Oregon Statutes 254.005
• Voting machine: means any device that will record every vote cast on candidates and measures and that will either internally or externally total all votes cast on that device. See Oregon Statutes 254.005