Actions for Injury or Death
Actions by Guest Passengers
Liability of Certain Persons Providing Motor Vehicles
Enforcement of Rights Under Servicemembers Civil Relief Act
Actions On Certain Construction Agreements
Actions Against Former Employer for Disclosure of Information
Actions Arising Out of Provision of Utility Services
Actions Arising Out of Provision of Cable Services
Actions for Intimidation
Actions On Official Bonds
Tort Actions Against Public Bodies
Actions and Suits by and Against Governmental Units and Officials
Injunctions by Public Servant or Public Servants Employer
Recovery of Fines and Forfeitures
Volunteers Transporting Older Persons and Persons With Disabilities
Volunteers Providing Assistance or Advice in Response to Discharge of Hazardous Material or Relating to Compliance With Disposal Laws
Actions for Usurpation of Office or Franchise; to Annul Corporate Existence; to Annul Letters Patent
Actions Against Public Body by Adults in Custody
Actions Arising Out of Agri-Tourism Activities
Actions Arising Out of Equine Activities
Miscellaneous Actions
Product Liability Actions
Farming and Forest Practices
Actions Arising Out of Food-Related Condition
Skiing Activities

Terms Used In Oregon Statutes > Chapter 30

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Action: means any proceeding commenced in a court in which the court may render a judgment. See Oregon Statutes 18.005
  • Action: includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. See Oregon Statutes 90.100
  • Additional fire hazard: means a hazard that has been determined to exist by the forester pursuant to ORS 477. See Oregon Statutes 477.001
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
  • Administrative license: means a license issued under ORS 342. See Oregon Statutes 342.120
  • Administrator: includes but is not limited to all superintendents, assistant superintendents, principals and academic program directors in public schools or education service districts who have direct responsibility for supervision or evaluation of licensed teachers and who are compensated for their services from public funds. See Oregon Statutes 342.120
  • 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.
  • 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.
  • Anniversary: means the day each year that is exactly one or more years after:

    (a) The date on which the Secretary of State files the articles of incorporation for a domestic corporation. See Oregon Statutes 60.001

  • Anniversary: means the day each year that is exactly one or more years after:

    (a) The date on which the Secretary of State files the articles of organization for a domestic limited liability company. See Oregon Statutes 63.001

  • Anniversary: means February 28 if an event occurs that would otherwise cause an anniversary to fall on February 29. See Oregon Statutes 65.001
  • 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
  • Applicant: means an applicant for a loan to construct a small scale local energy project. See Oregon Statutes 470.050
  • Appointed director: means a director who is appointed by a person other than the board of directors. See Oregon Statutes 65.001
  • 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
  • Approved educator preparation program: means a licensure program that is offered by an approved educator preparation provider and meets the standards of the Teacher Standards and Practices Commission. See Oregon Statutes 342.120
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Articles: means articles of incorporation, articles of conversion or articles of merger. See Oregon Statutes 62.015
  • Articles of incorporation: means the articles described in ORS 60. See Oregon Statutes 60.001
  • Articles of incorporation: means the articles of incorporation described in ORS 65. See Oregon Statutes 65.001
  • Articles of merger: means the articles of merger described in ORS 65. See Oregon Statutes 65.001
  • Articles of organization: means the document described in ORS 63. See Oregon Statutes 63.001
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • association: means an association, group or agency composed of owners of forestlands, organized for the purpose of protecting such forestlands from fire. See Oregon Statutes 477.001
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney fees: has the meaning given that term in ORCP 68 A. See Oregon Statutes 131A.005
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • 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.
  • Base efficiency package: means the package of energy efficiency upgrades or renewable energy projects for a property that, when energy savings, project repayment costs, tax or other incentives, loan offset grants and other relevant economic factors are considered, is estimated to not increase the utility bill of the customer over the loan repayment term. See Oregon Statutes 470.050
  • Bequest: Property gifted by will.
  • Board: means the State Board of Forestry. See Oregon Statutes 477.001
  • Board: means board of directors. See Oregon Statutes 62.015
  • Board of directors: means the individual or individuals who are vested with overall management of the affairs of a domestic corporation or foreign corporation, irrespective of the name that designates the individual or individuals. See Oregon Statutes 65.001
  • Bylaws: means a set of provisions for managing and regulating a corporation's affairs that the corporation must adopt under ORS 65. See Oregon Statutes 65.001
  • Campfire: means any open fire used for cooking, personal warmth, lighting, ceremonial or aesthetic purposes that is hand built and that is not associated with any debris disposal activities. See Oregon Statutes 477.001
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Child with a disability: means a school-age child who is entitled to a free appropriate public education as specified by ORS 339. See Oregon Statutes 343.035
  • City: includes any incorporated village or town. See Oregon Statutes 174.100
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Class: means a group of memberships that have the same rights, including rights that are determined by a formula that is applied uniformly, with respect to voting, dissolution, redemption and transfer. See Oregon Statutes 65.001
  • clearing: means any grassland, improved area, lake, meadow, mechanically or manually cleared area, road, rocky area, stream or other similar forestland opening that is surrounded by or contiguous to forestland and that has been included in areas classified as forestland under ORS 526. See Oregon Statutes 477.001
  • Commercial waste: means any waste produced in any business involving the lease or sale, including wholesale and retail, of goods or services, including but not limited to housing, and means any waste produced by a governmental, educational or charitable institution; however, it does not include any waste produced in a dwelling containing four living units or less. See Oregon Statutes 478.001
  • Commission: means the Oregon Liquor Control Commission. See Oregon Statutes 471.001
  • Committee: means the Small Scale Local Energy Project Advisory Committee created under ORS 470. See Oregon Statutes 470.050
  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Control point: means a horizontal or vertical survey position set within the stated precision of the survey. See Oregon Statutes 209.005
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cooperative: means a cooperative corporation organized under ORS chapter 62. See Oregon Statutes 470.050
  • Cooperative: means a cooperative corporation that is subject to the provisions of this chapter. See Oregon Statutes 62.015
  • 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.
  • Corporation: means a corporation that is not a cooperative. See Oregon Statutes 62.015
  • Corporation: means a domestic corporation or a foreign corporation. See Oregon Statutes 65.001
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County: means the county in which the district, or the greater portion of the taxable assessed value of the district, is located. See Oregon Statutes 478.001
  • County board: means the county court or board of county commissioners of the county. See Oregon Statutes 478.001
  • County court: includes board of county commissioners. See Oregon Statutes 174.100
  • county court: includes board of county commissioners. See Oregon Statutes 202.010
  • County surveyor: means an individual appointed or elected to the office of county surveyor and who is responsible for performing the duties of such office as described by law. See Oregon Statutes 209.005
  • Criminal action: has the meaning given in ORS 131. See Oregon Statutes 18.005
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Decision: means the decision of the hearing officer. See Oregon Statutes 343.035
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defense attorney: Represent defendants in criminal matters.
  • 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
  • Delivery: means any method of delivery used in conventional commercial practice, including by hand, mail, commercial delivery and, in accordance with ORS 60. See Oregon Statutes 60.001
  • Delivery: means a method of delivery that is used in conventional commercial practice and includes hand delivery, mail delivery, commercial delivery and electronic transmission. See Oregon Statutes 62.015
  • Demolition material: means any waste resulting from the complete or partial destruction of any man-made structure such as a house, apartment, commercial building or industrial building. See Oregon Statutes 478.001
  • Department: means the State Forestry Department. See Oregon Statutes 477.001
  • 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.
  • Deputy county surveyor: means an individual appointed by the county surveyor to the office of deputy county surveyor. See Oregon Statutes 209.005
  • Designated director: means a director that the articles of incorporation or the bylaws designate as a director in a manner that identifies a specific individual or a group of individuals. See Oregon Statutes 65.001
  • Determination: means the determination by the school district concerning the identification, evaluation or educational placement of a child with a disability or the provision of a free appropriate public education to the child in a program paid for by the district. See Oregon Statutes 343.035
  • Devise: To gift property by will.
  • Director: means the Director of the State Department of Energy appointed under ORS 469. See Oregon Statutes 470.050
  • Director: means an individual who acts as a member of the board of directors, who has a right to vote on questions concerning the management and regulation of a corporation's affairs and who is:

    (a) An appointed director;

    (b) A designated director; or

    (c) A director elected by the incorporators, directors or members. See Oregon Statutes 65.001

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distilled liquor: includes distilled spirits. See Oregon Statutes 471.001
  • Distribution: means a direct or indirect transfer of money or other property, except of a corporation's own shares, or a corporation's incurrence of indebtedness to or for the benefit of the corporation's shareholders in respect of any of the corporation's shares, in the form of a declaration or payment of a dividend, a purchase, redemption or other acquisition of shares, a distribution of indebtedness, or otherwise. See Oregon Statutes 60.001
  • Distribution: means a direct or indirect transfer of money or other property, except of a limited liability company's own interests, or a limited liability company's incurrence of indebtedness to or for the benefit of the limited liability company's members in respect of a member's interests, whether in the form of a declaration or payment of profits, a purchase, retirement or other acquisition of interests, a distribution of indebtedness, or otherwise. See Oregon Statutes 63.001
  • district: means any one of the following:

    (1) A people's utility district organized under ORS chapter 261. See Oregon Statutes 198.010

  • District: means a forest protection district organized under ORS 477. See Oregon Statutes 477.001
  • District: means a rural fire protection district proposed to be organized or organized under, or subject to, this chapter. See Oregon Statutes 478.001
  • district board: means the governing body of a district. See Oregon Statutes 478.001
  • Docket: A log containing brief entries of court proceedings.
  • domestic corporation: means a corporation for profit that is incorporated under or subject to the provisions of this chapter and that is not a foreign corporation. See Oregon Statutes 60.001
  • Domestic corporation: means a nonprofit corporation that is not a foreign corporation and that is incorporated under or subject to the provisions of this chapter. See Oregon Statutes 65.001
  • Domestic limited liability company: means an entity that is an unincorporated association that has one or more members and that is organized under ORS chapter 63. See Oregon Statutes 60.001
  • domestic limited liability company: means an entity that is an unincorporated association that has one or more members and is organized under this chapter. See Oregon Statutes 63.001
  • Domestic nonprofit corporation: means a corporation not for profit that is incorporated under ORS chapter 65. See Oregon Statutes 60.001
  • Domestic nonprofit corporation: means a corporation not for profit that is incorporated under ORS chapter 65. See Oregon Statutes 63.001
  • Domestic professional corporation: means a corporation that is organized under ORS chapter 58 for the purpose of rendering professional services and for the purposes provided under ORS chapter 58. See Oregon Statutes 60.001
  • Domestic professional corporation: means a corporation that is organized under ORS chapter 58 for the purpose of rendering professional services and for the purposes provided under ORS chapter 58. See Oregon Statutes 63.001
  • Domestic waste: means any nonputrescible waste, consisting of combustible materials, such as paper, cardboard, yard clippings, wood, or similar materials, generated in a dwelling, including the real property upon which it is situated, containing four living units or less. See Oregon Statutes 478.001
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Early childhood special education: means instruction that is:

    (a) Free, appropriate and specially designed to meet the unique needs of a preschool child with a disability;

    (b) Provided from three years of age until the age of eligibility for kindergarten; and

    (c) Provided in any of the following settings:

    (A) The home, a hospital, an institution, a special school, a classroom or a community child care setting;

    (B) A preschool; or

    (C) A combination of a setting described in subparagraph (A) of this paragraph and a preschool. See Oregon Statutes 343.035

  • Early intervention services: means services for preschool children with disabilities from birth until three years of age that are:

    (a) Designed to meet the developmental needs of children with disabilities and the needs of the family related to enhancing the child's development;

    (b) Selected in collaboration with the parents; and

    (c) Provided:

    (A) Under public supervision;

    (B) By personnel qualified in accordance with criteria established by rules of the State Board of Education; and

    (C) In conformity with an individualized family service plan. See Oregon Statutes 343.035

  • 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
  • Electronic signature: has the meaning given that term in ORS 84. See Oregon Statutes 62.015
  • Electronic transmission: means a method of communicating information that:

    (a) Does not directly involve a transfer of a physical object that embodies the communication; and

    (b) Enables the recipient to store, retrieve and reproduce the information. See Oregon Statutes 62.015

  • Energy efficiency and sustainable technology loan: means a loan for a small scale local energy project that is repayable by means of:

    (a) A charge included with the participant's utility customer account billing; or

    (b) An alternative repayment method identified by the department and the borrower and specified in the loan agreement. See Oregon Statutes 470.050

  • Entity: means a domestic or foreign limited liability company, corporation, professional corporation, foreign corporation, domestic or foreign nonprofit corporation, domestic or foreign cooperative corporation, profit or nonprofit unincorporated association, business trust, domestic or foreign general or limited partnership, two or more persons that have a joint or common economic interest, any state, the United States, a federally recognized Native American or American Indian tribal government or any foreign government. See Oregon Statutes 63.001
  • Entity: means a domestic corporation, foreign corporation, business corporation and foreign business corporation, profit and nonprofit unincorporated association, corporation sole, business trust, partnership, two or more persons that have a joint or common economic interest, any state, the United States, a federally recognized Native American or American Indian tribal government and any foreign government. See Oregon Statutes 65.001
  • 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
  • Every reasonable effort: means the use of the reasonably available personnel and equipment under the supervision and control of an owner or operator, which are needed and effective to fight the fire in the judgment of the forester and which can be brought to bear on the fire in a timely fashion. See Oregon Statutes 477.001
  • Ex officio: Literally, by virtue of one's office.
  • Execution: means enforcement of the money award portion of a judgment or enforcement of a judgment requiring delivery of the possession or sale of specific real or personal property, by means of writs of execution, writs of garnishment and other statutory or common law writs or remedies that may be available under the law. See Oregon Statutes 18.005
  • 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

  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Facility: means a manufactured dwelling park or a marina. See Oregon Statutes 90.100
  • 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.
  • Farm use: has the meaning given that term in ORS 215. See Oregon Statutes 215.010
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Field burning: means the burning of any grass field, grain field, pasture, rangeland or other field by open burning or by use of mobile equipment or flaming equipment on any land or vegetation. See Oregon Statutes 478.001
  • Financial institution: means any person lawfully conducting business as:

    (a) A financial institution or trust company, as those terms are defined in ORS 706. See Oregon Statutes 131A.005

  • Fire protection equipment: means any apparatus, machinery or appliance intended for use by a fire service unit in fire prevention or suppression activities, excepting forest fire protection equipment. See Oregon Statutes 476.005
  • Fire season: means a period designated pursuant to ORS 477. See Oregon Statutes 477.001
  • Fiscal year: means the period beginning on July 1 of any year and ending on June 30 of the next year. See Oregon Statutes 477.001
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Foreign business corporation: means a for profit corporation that is incorporated under laws other than the laws of the state. See Oregon Statutes 65.001
  • Foreign cooperative: means a cooperative corporation that is organized under laws other than the laws of this state. See Oregon Statutes 62.015
  • Foreign corporation: means a corporation for profit that is incorporated under laws other than the laws of the state. See Oregon Statutes 60.001
  • Foreign corporation: means a corporation for profit that is incorporated under laws other than the laws of the state. See Oregon Statutes 63.001
  • Foreign corporation: means a corporation that is organized under laws other than the laws of the state and that would be a nonprofit corporation if organized under the laws of the state. See Oregon Statutes 65.001
  • Foreign limited liability company: means an entity that is an unincorporated association organized under laws other than the laws of the state and that is organized under a statute under which an association may be formed that affords to each of the entity's members limited liability with respect to liabilities of the entity. See Oregon Statutes 60.001
  • Foreign limited liability company: means an entity that is an unincorporated association organized under laws other than the laws of the state and that is organized under a statute under which an association may be formed that affords to each of the entity's members limited liability with respect to the liabilities of the entity. See Oregon Statutes 63.001
  • Foreign nonprofit corporation: means a corporation not for profit that is organized under laws other than the laws of the state. See Oregon Statutes 60.001
  • Foreign nonprofit corporation: means a corporation not for profit that is organized under laws other than the laws of the state. See Oregon Statutes 63.001
  • Foreign professional corporation: means a professional corporation that is organized under laws other than the laws of the state. See Oregon Statutes 60.001
  • Foreign professional corporation: means a professional corporation that is organized under laws other than the laws of the state. See Oregon Statutes 63.001
  • Forest patrol assessment: means the costs levied and assessed under ORS 477. See Oregon Statutes 477.001
  • Forester: means the State Forester or authorized representative. See Oregon Statutes 477.001
  • Forestland: means any woodland, brushland, timberland, grazing land or clearing that, during any time of the year, contains enough forest growth, slashing or vegetation to constitute, in the judgment of the forester, a fire hazard, regardless of how the land is zoned or taxed. See Oregon Statutes 477.001
  • Forfeiting agency: means a public body that is seeking forfeiture of property under this chapter. See Oregon Statutes 131A.005
  • Forfeiture counsel: means an attorney designated by a forfeiting agency to represent the forfeiting agency in forfeiture proceedings. See Oregon Statutes 131A.005
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • General judgment: means the judgment entered by a court that decides all requests for relief in the action except:

    (a) A request for relief previously decided by a limited judgment; and

    (b) A request for relief that may be decided by a supplemental judgment. See Oregon Statutes 18.005

  • Geodetic control: means horizontal or vertical survey monuments that are primarily intended to be used as reference positions for other surveys or that serve to extend the national geodetic control network. See Oregon Statutes 209.005
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governmental subdivisions: means a city, county or rural fire protection district in this state whose functions include regulation of building use and occupancy and the administration of fire safety laws, ordinances and regulations. See Oregon Statutes 476.005
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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: 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.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • 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.
  • 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
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Individual: means a natural person, including the guardian of an incompetent individual. See Oregon Statutes 65.001
  • Individual: means a natural person or the estate of an incompetent individual or a deceased individual. See Oregon Statutes 60.001
  • Individual: means a natural person. See Oregon Statutes 63.001
  • Individualized education program: means a written statement of an educational program for a child with a disability that is developed, reviewed and revised in a meeting in accordance with criteria established by rules of the State Board of Education for each child eligible for special education and related services under this chapter. See Oregon Statutes 343.035
  • Individualized family service plan: means a written plan of early childhood special education, related services, early intervention services and other services developed in accordance with criteria established by rules of the State Board of Education for each child eligible for services under this chapter. See Oregon Statutes 343.035
  • Industrial waste: means any waste resulting from any process or activity of manufacturing or construction. See Oregon Statutes 478.001
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Instruction: includes preparation of curriculum, assessment and direction of learning in class, in small groups, in individual situations, online, in the library and in guidance and counseling, but does not include the provision of related services, as defined in ORS 343. See Oregon Statutes 342.120
  • Instruction: means providing children and families with information and skills that support the achievement of the goals and outcomes in the child's individualized family service plan and working with preschool children with disabilities in one or more of the following developmental areas:

    (a) Communication development;

    (b) Social or emotional development;

    (c) Physical development, including vision and hearing;

    (d) Adaptive development; and

    (e) Cognitive development. See Oregon Statutes 343.035

  • Instructional assistant: means a classified school employee who does not require a license to teach, who is employed by a school district or education service district and whose assignment consists of and is limited to assisting a licensed teacher in accordance with rules established by the Teacher Standards and Practices Commission. See Oregon Statutes 342.120
  • Instrumentality: has the meaning given in ORS 131. See Oregon Statutes 131A.005
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Inter vivos: Transfer of property from one living person to another living person.
  • 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.
  • 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.
  • Judgment: means the concluding decision of a court on one or more requests for relief in one or more actions, as reflected in a judgment document. See Oregon Statutes 18.005
  • Judgment document: means a writing in the form provided by ORS 18. See Oregon Statutes 18.005
  • judicial department: means the Supreme Court, the Court of Appeals, the Oregon Tax Court, the circuit courts and all administrative divisions of those courts, whether denominated as boards, commissions, committees or departments or by any other designation. See Oregon Statutes 174.113
  • 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.
  • Juror: A person who is on the jury.
  • Land clearing debris: means any waste generated by the removal of debris, logs, trees, brush or demolition material from any site in preparation for land improvement or construction projects. See Oregon Statutes 478.001
  • Landlord: includes a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement. See Oregon Statutes 90.100
  • landowner: means a legal owner of real property or the vendee of a contract of purchase of real property, if any, to the exclusion of the vendor. See Oregon Statutes 478.001
  • Legatee: A beneficiary of a decedent
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensee: means any person holding a license issued under this chapter. See Oregon Statutes 471.001
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan: includes the purchase or other acquisition of evidence of indebtedness and money used for the purchase or other acquisition of evidence of indebtedness. See Oregon Statutes 470.050
  • Loan contract: means the evidence of indebtedness and all instruments used in the purchase or acquisition of the evidence of indebtedness. See Oregon Statutes 470.050
  • 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
  • Malt beverage: means an alcoholic beverage obtained by the fermentation of grain that contains not more than 14 percent alcohol by volume. See Oregon Statutes 471.001
  • Manager: means a person, not necessarily a member, that the members of a manager-managed limited liability company designate to manage the limited liability company's business and affairs. See Oregon Statutes 63.001
  • Manager-managed limited liability company: means a limited liability company that is designated as a manager-managed limited liability company in the limited liability company's articles of organization or the articles of organization of which otherwise expressly provide that a manager will manage the limited liability company. See Oregon Statutes 63.001
  • Manufactured dwelling: includes an accessory building or structure. See Oregon Statutes 90.100
  • Manufacturer: means every person who produces, brews, ferments, manufactures or blends an alcoholic beverage within this state or who imports or causes to be imported into this state an alcoholic beverage for sale or distribution within the state. See Oregon Statutes 471.001
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Mediation: means a voluntary process in which an impartial mediator assists and facilitates two or more parties to a controversy in reaching a mutually acceptable resolution of the controversy and includes all contacts between a mediator and any party or agent of a party, until such time as a resolution is agreed to by the parties or the mediation process is terminated. See Oregon Statutes 343.035
  • Member: means a person that is entitled, under a domestic corporation's or foreign corporation's articles of incorporation or bylaws, to exercise any of the rights described in ORS 65. See Oregon Statutes 65.001
  • Member: means a person with both an ownership interest in a limited liability company and all the rights and obligations of a member specified under this chapter. See Oregon Statutes 63.001
  • Member-managed limited liability company: means a limited liability company other than a manager-managed limited liability company. See Oregon Statutes 63.001
  • Membership: means the rights and obligations a member has under this chapter. See Oregon Statutes 65.001
  • Membership stock: means any class of stock, continuous ownership of which is required for membership in a cooperative. See Oregon Statutes 62.015
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Money award: means a judgment or portion of a judgment that requires the payment of money. See Oregon Statutes 18.005
  • Monument: means any permanent material object or collection of objects, either natural or man-made, that indicates the position on the ground of a survey station, public land survey corner or accessories, or a land boundary corner established by a qualified surveyor. See Oregon Statutes 209.005
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motor vehicle with a hidden compartment: means a motor vehicle as defined in ORS 801. See Oregon Statutes 131A.005
  • Mutual benefit corporation: means a domestic corporation that is organized to serve and operates primarily to serve the mutual interests of a group of persons, but is not a public benefit corporation or religious corporation. See Oregon Statutes 65.001
  • 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.
  • Nonprofit corporation: means a mutual benefit corporation, a public benefit corporation or a religious corporation. See Oregon Statutes 65.001
  • Nonresident: means any person other than a resident. See Oregon Statutes 497.002
  • Notice: means a notice described in ORS 65. See Oregon Statutes 65.001
  • Oath: A promise to tell the truth.
  • On-bill financing: means a mechanism for collecting the repayment of an energy efficiency and sustainable technology loan through a utility customer account billing system. See Oregon Statutes 470.050
  • Open burning: means any burning conducted in such a manner that combustion air is not effectively controlled and that combustion products are not vented through a stack or chimney, including but not limited to burning conducted in open outdoor fires, common burn barrels and backyard incinerators. See Oregon Statutes 478.001
  • Open fire: means any outdoor fire that occurs in such a manner that combustion air is not effectively controlled and combustion products are not effectively vented through a stack or chimney. See Oregon Statutes 477.001
  • Operating agreement: means any valid agreement, written or oral, of the member or members as to the affairs of a limited liability company and the conduct of the limited liability company's business. See Oregon Statutes 63.001
  • Operation: means any industrial activity, any development or any improvement on forestland inside or within one-eighth of one mile of a forest protection district, including but not limited to the harvesting of forest tree species, the clearing of land, the use of power-driven machinery and the use of fire, excluding, however, the culture and harvesting of agricultural crops. See Oregon Statutes 477.001
  • Operation area: means the area on which an operation is being conducted and the area on which operation activity may have resulted in the ignition of a fire. See Oregon Statutes 477.001
  • Operator: means any person who, either personally or through employees, agents, representatives or contractors, is carrying on or has carried on any operation. See Oregon Statutes 477.001
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Order: has the meaning given that term in ORS chapter 183. See Oregon Statutes 343.035
  • Oregon business: means a sole proprietorship, partnership, company, cooperative, corporation or other form of business entity that is organized or authorized to do business under Oregon law for profit. See Oregon Statutes 470.050
  • Organizer: means one of the signers of the initial articles of organization. See Oregon Statutes 63.001
  • Other services: means those services that may be provided to preschool children with disabilities and to their families that are not early childhood special education or early intervention services and are not paid for with early childhood special education or early intervention funds. See Oregon Statutes 343.035
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means an individual, a combination of individuals, a partnership, a corporation, the State of Oregon or a political subdivision thereof, or an association of any nature that holds an ownership interest in land. See Oregon Statutes 477.001
  • Parent: means the parent, person acting as a parent or a legal guardian, other than a state agency, of the child or the surrogate parent. See Oregon Statutes 343.035
  • 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.
  • Party: includes an individual who was, is or is threatened to be made a named defendant or respondent in a proceeding. See Oregon Statutes 63.001
  • Permittee: means a person holding a permit issued under ORS 471. See Oregon Statutes 471.001
  • Person: means an individual or an entity. See Oregon Statutes 65.001
  • Person: means an individual or entity. See Oregon Statutes 60.001
  • Person: means an individual, corporation, association, firm, partnership, joint stock company, cooperative or foreign cooperative. See Oregon Statutes 62.015
  • Person: means an individual or entity. See Oregon Statutes 63.001
  • 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

  • Personal property: All property that is not real property.
  • 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.
  • Police officer: has the meaning given that term in ORS 133. See Oregon Statutes 131A.005
  • 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
  • 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.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Preschool child with a disability: means a child from:

    (a) Birth until three years of age who is eligible for early intervention services because the child is experiencing developmental delay or has a diagnosed mental or physical condition that will result in developmental delay; or

    (b) Three years of age to eligibility for entry into kindergarten who needs early childhood special education services because the child has been evaluated as having one of the conditions listed under subsection (1) of this section. See Oregon Statutes 343.035

  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal office: means the physical street address of the place, in or out of this state, where the principal executive offices of a domestic corporation or foreign corporation are located and that is designated as the principal office in the most recent annual report filed in accordance with ORS 65. See Oregon Statutes 65.001
  • Principal office: means the physical street address of an office, in or out of this state, where the principal executive offices of a domestic or foreign corporation are located and designated in the annual report or in the application for authority to transact business in this state. See Oregon Statutes 60.001
  • Principal office: means the physical street address of an office, in or out of this state, where the principal executive offices of a domestic or foreign limited liability company are located and designated in the annual report or in the application for authority to transact business in this state. See Oregon Statutes 63.001
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • 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.
  • Proceeding: means a civil, criminal, administrative or investigatory action. See Oregon Statutes 60.001
  • Proceeding: means any threatened, pending or completed action, suit or proceeding whether civil, criminal, administrative or investigatory and whether formal or informal. See Oregon Statutes 63.001
  • Proceeds of prohibited conduct: includes any benefit, interest or property of any kind, without reduction for expenses of acquiring or maintaining the property. See Oregon Statutes 131A.005
  • Property: means any interest in anything of value, including the whole of any lot or tract of land and tangible and intangible personal property, including currency, instruments or securities or any other kind of privilege, interest, claim or right whether due or to become due. See Oregon Statutes 131A.005
  • Public benefit corporation: means a domestic corporation that:

    (a) Is formed as a public benefit corporation under ORS 65. See Oregon Statutes 65.001

  • Public body: has the meaning given in ORS 174. See Oregon Statutes 131A.005
  • public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
  • Public land survey corner: means a section corner, one-quarter section corner, Donation Land Claim corner, meander corner, witness corner or any other corner established by the General Land Office or its successor. See Oregon Statutes 209.005
  • 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 notice: means any legal publication which requires an affidavit of publication as required in ORS 193. See Oregon Statutes 174.104
  • Quorum: The number of legislators that must be present to do business.
  • Recess: A temporary interruption of the legislative business.
  • Recreational vehicle: has the meaning given that term in ORS 174. See Oregon Statutes 215.010
  • Recycling project: means a facility or equipment that converts waste into a new and usable product. See Oregon Statutes 470.050
  • Registered professional land surveyor: has the meaning given that term in ORS 672. See Oregon Statutes 209.005
  • Related services: means transportation and such developmental, corrective and other supportive services as are required to assist a child with a disability to benefit from special education, including:

    (A) Speech-language and audiology services;

    (B) Interpreting services;

    (C) Psychological services;

    (D) Physical and occupational therapy;

    (E) Recreation, including therapeutic recreation;

    (F) Social work services;

    (G) School nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child;

    (H) Early identification and assessment of disabilities in children;

    (I) Counseling services, including rehabilitation counseling;

    (J) Orientation and mobility services;

    (K) Medical services for diagnostic or evaluation purposes;

    (L) Parent counseling and training; and

    (M) Assistive technology. See Oregon Statutes 343.035

  • Religious corporation: means a domestic corporation that is formed as a religious corporation under ORS 65. See Oregon Statutes 65.001
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Rent: means any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others and to use the premises. See Oregon Statutes 90.100
  • 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).
  • Request for relief: means a claim, a charge in a criminal action or any other request for a determination of the rights and liabilities of one or more parties in an action that a legal authority allows the court to decide by a judgment. See Oregon Statutes 18.005
  • 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.
  • Resident: means a person who has resided in this state at least six consecutive months immediately prior to the date of making application for a license, tag or permit issued by the State Fish and Wildlife Commission. See Oregon Statutes 497.002
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • School district: means a common or union high school district that is charged with the duty or contracted with by a public agency to educate children eligible for special education. See Oregon Statutes 343.035
  • Seizing agency: means a law enforcement agency that has seized property for forfeiture. See Oregon Statutes 131A.005
  • Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
  • Service of process: The service of writs or summonses to the appropriate party.
  • Sexual orientation: means an individual's actual or perceived heterosexuality, homosexuality, bisexuality or gender identity, regardless of whether the individual's gender identity, appearance, expression or behavior differs from that traditionally associated with the individual's sex at birth. See Oregon Statutes 174.100
  • Shareholder: means a person in whose name a share is registered in the records of a corporation or the beneficial owner of a share to the extent of the rights granted by a nominee certificate on file with a corporation. See Oregon Statutes 60.001
  • Shell entity: means an entity that has the characteristics described in ORS 63. See Oregon Statutes 63.001
  • Signature: means a manual, facsimile, conformed or electronic signature. See Oregon Statutes 62.015
  • Slashing: means the forest debris or refuse on any forestland resulting from the cutting, killing, pruning, severing or removal of brush, trees or other forest growth. See Oregon Statutes 477.001
  • Small scale local energy project: means any of the following:

    (a) A system, mechanism or series of mechanisms located primarily in Oregon that directly or indirectly uses or enables the use of, by the applicant or another person, renewable resources including, but not limited to, solar, wind, geothermal, biomass, waste heat or water resources to produce energy, including heat, electricity and substitute fuels, to meet a local community or regional energy need in this state. See Oregon Statutes 470.050

  • Special education: includes instruction that:

    (a) May be conducted in the classroom, the home, a hospital, an institution, a special school or another setting; and

    (b) May involve physical education services, speech-language services, transition services or other related services designated by rule to be services to meet the unique needs of a child with a disability. See Oregon Statutes 343.035

  • State Forester: means the person appointed State Forester pursuant to ORS 526. See Oregon Statutes 477.001
  • state government: means the executive department, the judicial department and the legislative department. See Oregon Statutes 174.111
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supplemental judgment: means a judgment that may be rendered after a general judgment pursuant to a legal authority. See Oregon Statutes 18.005
  • Support arrearage lien: means a lien that attaches to real property under the provisions of ORS 18. See Oregon Statutes 18.005
  • Support award: means a money award or agency order that requires the payment of child or spousal support. See Oregon Statutes 18.005
  • Sustainable energy project manager: means the organization responsible for promoting the energy efficiency and sustainable technology loan program or the clean energy deployment program and related incentives for energy efficiency and renewable energy at the neighborhood and community level. See Oregon Statutes 470.050
  • Teacher: includes all licensed employees in the public schools or employed by an education service district who have direct responsibility for instruction or coordination of educational programs and who are compensated for their services from public funds. See Oregon Statutes 342.120
  • Teaching license: means a license issued under ORS 342. See Oregon Statutes 342.120
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • to and including: when used in a reference to a series of statute sections, subsections or paragraphs. See Oregon Statutes 174.100
  • 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.
  • Tract: means one or more contiguous lots or parcels under the same ownership. See Oregon Statutes 215.010
  • 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.
  • Transition services: means a coordinated set of activities for a child with a disability that:

    (a) Is designed to be within a results-oriented process;

    (b) Is focused on improving the academic and functional achievement of the child to facilitate the child's transition from school to post-school activities, including post-secondary education, competitive employment, independent living and community inclusion;

    (c) Is based on the individual child's needs, taking into account the child's preferences and interests; and

    (d) May be special education, or related services, and may include earning credit at a community college or public university listed in ORS 352. See Oregon Statutes 343.035

  • Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • True bill: Another word for indictment.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Unaccompanied homeless youth: has the meaning given that term in the McKinney-Vento Homeless Assistance Act, 42 U. See Oregon Statutes 343.035
  • United States: means the federal government or a district, authority, bureau, commission, department or any other agency of the United States. See Oregon Statutes 65.001
  • United States: means the federal government and a district, authority, bureau, commission, department or any other agency of the United States. See Oregon Statutes 63.001
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Violate: includes failure to comply. See Oregon Statutes 174.100
  • Vote: means an authorization by written ballot or written consent, where permitted, or by another method that a corporation specifies as an authorization. See Oregon Statutes 65.001
  • Voting power: means the total number of votes entitled to be cast on an issue at the time the determination of voting power is made, excluding a vote that is contingent upon a condition or event occurring that has not occurred at the time. See Oregon Statutes 65.001
  • Ward of the state: means a child who is temporarily or permanently in the custody of, or committed to, a public or private agency through the action of the juvenile court. See Oregon Statutes 343.035
  • Warden: means a fire warden appointed under ORS 477. See Oregon Statutes 477.001
  • Wine: includes fortified wine. See Oregon Statutes 471.001
  • Written: means embodied as a document. See Oregon Statutes 65.001
  • Written: means embodied as a document. See Oregon Statutes 60.001