Terms Used In Oregon Statutes > Chapter 243 - Public Employee Rights and Benefits

• Allegation: something that someone says happened.
• 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
• 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.
• Authorized representative: means an agent designated in a written statement signed by the registrant or other qualified applicant, the signing of which was witnessed. See Oregon Statutes 432.005
• Board: means the Construction Contractors Board. See Oregon Statutes 701.005
• Certified copy: means the document, in either paper or electronic format, issued by the State Registrar of the Center for Health Statistics and containing all or a part of the information contained on the original vital record, and which, when issued by the state registrar, has the full force and effect of the original vital record. See Oregon Statutes 432.005
• Certifier: means a person required to attest to the accuracy of information submitted on a report. See Oregon Statutes 432.005
• Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See Oregon Statutes 110.503
• Child support order: means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. See Oregon Statutes 110.503
• Conservator: means a person appointed as a conservator under the provisions of this chapter. See Oregon Statutes 125.005
• Contractor: means any of the following:

  (a) A person that, for compensation or with the intent to sell, arranges or undertakes or offers to undertake or submits a bid to construct, alter, repair, add to, subtract from, improve, inspect, move, wreck or demolish, for another, a building, highway, road, railroad, excavation or other structure, project, development or improvement attached to real estate, or to do any part thereof. See Oregon Statutes 701.005

• Convention: means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007. See Oregon Statutes 110.503
• Counterclaim: A claim that a defendant makes against a plaintiff.
• County court: includes board of county commissioners. See Oregon Statutes 174.100
• Court of competent jurisdiction: means a court within the United States with jurisdiction over a person subject to regulation under this chapter. See Oregon Statutes 432.005
• Date of registration: means the month, day and year a vital record is incorporated into the official records of the Center for Health Statistics. See Oregon Statutes 432.005
• Dead body: means a human body or such parts of such human body from the condition of which it reasonably may be concluded that death occurred. See Oregon Statutes 432.005
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Delegate: means a person who is elected or appointed to vote in a representative assembly for electing a director or directors or on other matters. See Oregon Statutes 65.001
• Devise: To gift property by will.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Docket: A log containing brief entries of court proceedings.
• Duty of support: means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support. See Oregon Statutes 110.503
• Electronic signature: means an electronic sound, symbol or process attached to or logically associated with a contract or other record that is executed or adopted by a person with the intent to attest to the accuracy of the facts in the record. See Oregon Statutes 432.005
• 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.
• Ex officio: Literally, by virtue of one's office.
• Facts of live birth: means the name of the child, date of birth, place of birth, sex and parent's name or parents' names appearing on the record of live birth. See Oregon Statutes 432.005
• Fetal death: means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, that is not an induced termination of pregnancy. See Oregon Statutes 432.005
• Fiduciary: means a guardian or conservator appointed under the provisions of this chapter or any other person appointed by a court to assume duties with respect to a protected person under the provisions of this chapter. See Oregon Statutes 125.005
• Final disposition: means the burial, interment, cremation, reduction, removal from the state or other authorized disposition of a dead body or fetus, except that when removal from the state is conducted by the holder of a certificate of removal registration issued under ORS § 692. See Oregon Statutes 432.005
• Financially incapable: means a condition in which a person is unable to manage financial resources of the person effectively for reasons including, but not limited to, mental illness, mental retardation, physical illness or disability, chronic use of drugs or controlled substances, chronic intoxication, confinement, detention by a foreign power or disappearance. See Oregon Statutes 125.005
• Foreign country: means a country, or a political subdivision of a country, other than the United States, that authorizes the issuance of support orders and:

  (a) That has been declared under the law of the United States to be a foreign reciprocating country;

  (b) That has established a reciprocal arrangement for child support with this state as provided in ORS § 110. See Oregon Statutes 110.503

• Foreign support order: means a support order of a foreign tribunal. See Oregon Statutes 110.503
• Fraud: Intentional deception resulting in injury to another.
• Gender identity: means an individual's gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth. See Oregon Statutes 174.100
• General contractor: means a contractor whose business operations require the use of more than two unrelated building trades or crafts that the contractor supervises or performs in whole or part, whenever the sum of all contracts on any single property, including materials and labor, exceeds an amount established by rule by the board. See Oregon Statutes 701.005
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grantor: The person who establishes a trust and places property into it.
• 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 as a guardian under the provisions of this chapter. See Oregon Statutes 125.005
• Home inspector: means a person who, for a fee, inspects and provides written reports on the overall physical condition of a residential structure. See Oregon Statutes 701.005
• Human remains: means a dead body. See Oregon Statutes 432.005
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• Incapacitated: means a condition in which a person's ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential requirements for the person's physical health or safety. See Oregon Statutes 125.005
• Income: includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state. See Oregon Statutes 110.503
• Income withholding order: means an order or other legal process directed to an obligor's employer or other debtor issued pursuant to ORS § 25. See Oregon Statutes 110.503
• Induced termination of pregnancy: means the purposeful interruption of an intrauterine pregnancy with the intention other than to produce a live-born infant and that does not result in a live birth. See Oregon Statutes 432.005
• Institution: means any establishment, public or private, that provides inpatient or outpatient medical, surgical or diagnostic care or treatment or nursing, custodial or domiciliary care, or to which persons are committed by law. See Oregon Statutes 432.005
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Interment: means the disposition of human remains by entombment or burial. See Oregon Statutes 432.005
• 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.
• Issuing state: means the state in which a tribunal issues a support order or a judgment determining parentage of a child. See Oregon Statutes 110.503
• Issuing tribunal: means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child. See Oregon Statutes 110.503
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Law: includes decisional and statutory law and rules and regulations having the force of law. See Oregon Statutes 110.503
• Legal representative: means a licensed attorney representing the registrant or other qualified applicant. See Oregon Statutes 432.005
• Lien: A claim against real or personal property in satisfaction of a debt.
• Live birth: means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, that, after such expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. See Oregon Statutes 432.005
• Manage financial resources: means those actions necessary to obtain, administer and dispose of real and personal property, intangible property, business property, benefits and income. See Oregon Statutes 125.005
• Medical certifier: means a physician, physician assistant or nurse practitioner licensed under the laws of this state or under the laws of Washington, Idaho or California who has treated a decedent within the 12 months preceding death. See Oregon Statutes 432.005
• Minor: means any person who has not attained 18 years of age. See Oregon Statutes 125.005
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Oath: A promise to tell the truth.
• Obligor: means an individual, or the estate of a decedent, that:

  (a) Owes or is alleged to owe a duty of support;

  (b) Is alleged but has not been adjudicated to be a parent of a child;

  (c) Is liable under a support order; or

  (d) Is a debtor in a proceeding under ORS § 110. See Oregon Statutes 110.503

• Officer: means any of the following persons:

  (a) A president, vice president, secretary, treasurer or director of a corporation. See Oregon Statutes 701.005

• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• 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: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, instrumentality or any other legal or commercial entity. See Oregon Statutes 110.503
• person with a disability: means any person who:

  (a) Has a physical or mental impairment which substantially limits one or more major life activities;

  (b) Has a record of such an impairment; or

  (c) Is regarded as having such an impairment. See Oregon Statutes 174.107

• Physician: means a person authorized to practice medicine, chiropractic or naturopathic medicine under the laws of this state or under the laws of Washington, Idaho or California, a physician assistant licensed under ORS § 677. See Oregon Statutes 432.005
• 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.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Protected person: means a person for whom a protective order has been entered. See Oregon Statutes 125.005
• Protective order: means an order of a court appointing a fiduciary or any other order of the court entered for the purpose of protecting the person or estate of a respondent or protected person. See Oregon Statutes 125.005
• Protective proceeding: means a proceeding under this chapter. See Oregon Statutes 125.005
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Record: means a report that has been registered by the state registrar. See Oregon Statutes 432.005
• 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 Oregon Statutes 110.503
• Record date: means the date established under ORS § 65. See Oregon Statutes 65.001
• Record of foreign live birth: means a document registered by the state registrar for a person born in a foreign country who may or may not be a citizen of the United States and who was adopted under the laws of this state. See Oregon Statutes 432.005
• 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}
• Register: means to file in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country. See Oregon Statutes 110.503
• Registering tribunal: means a tribunal in which a support order or judgment determining parentage of a child is registered. See Oregon Statutes 110.503
• Registration: means the process by which vital records and reports are accepted and incorporated into the official records of the Center for Health Statistics. See Oregon Statutes 432.005
• Report: means a document, whether in paper or electronic format, containing information related to a vital event submitted by a person required to submit the information to the state registrar for the purpose of registering a vital event. See Oregon Statutes 432.005
• Respondent: means a person for whom entry of a protective order is sought in a petition filed under ORS § 125. See Oregon Statutes 125.005
• Responding tribunal: means the authorized tribunal in a responding state or foreign country. See Oregon Statutes 110.503
• Responsible managing individual: means an individual who:

  (a) Is an owner described in ORS § 701. See Oregon Statutes 701.005

• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Service of process: The service of writs or summonses to the appropriate party.
• Sexual orientation: means an individual's actual or perceived heterosexuality, homosexuality or bisexuality. See Oregon Statutes 174.100
• Specialty contractor: includes a person who performs work regulated under ORS § 446. See Oregon Statutes 701.005
• State: includes a state or territory of the United States, the District of Columbia and New York City. See Oregon Statutes 432.005
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, any territory or insular possession under the jurisdiction of the United States or an Indian nation or tribe. See Oregon Statutes 110.503
• Summons: Another word for subpoena used by the criminal justice system.
• Support enforcement agency: means a public official, governmental entity or private agency authorized to:

  (a) Seek enforcement of support orders or laws relating to the duty of support;

  (b) Seek establishment or modification of child support;

  (c) Request determination of parentage of a child;

  (d) Attempt to locate obligors or their assets; or

  (e) Request determination of the controlling child support order. See Oregon Statutes 110.503

• Support order: means a judgment, decree, order, decision or directive, whether temporary, final or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse or a former spouse, that provides for monetary support, health care, arrearages, retroactive support or reimbursement for financial assistance provided to an individual obligee in place of child support. See Oregon Statutes 110.503
• Testator: A male person who leaves a will at death.
• Tribunal: means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage of a child. See Oregon Statutes 110.503
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Visitor: means a person appointed by the court under ORS § 125. See Oregon Statutes 125.005
• Vital statistics: means the aggregated data derived from records and reports of live birth, death, fetal death, induced termination of pregnancy, marriage, declaration of domestic partnership, dissolution of marriage, dissolution of domestic partnership and supporting documentation and related reports. See Oregon Statutes 432.005
• Vulnerable youth: means a person who:

  (a) Is at least 18 years of age but has not attained 21 years of age;

  (b) Is eligible for classification under 8 U. See Oregon Statutes 125.005

• Worker leasing company: means a person licensed under ORS § 656. See Oregon Statutes 701.005
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.