General Provisions
Incorporation
Purposes and Powers
Name
Office and Agent
Shares and Distributions
Shareholders
Corporate Actions
Directors and Officers
Amendment of Articles of Incorporation and Bylaws
Conversion, Merger and Share Exchange
Sale of Assets
Dissenters Rights
Dissolution
Foreign Corporations
Benefit Companies
Records and Reports
Regulation of Corporate Acquisitions
Business Combinations With Interested Shareholders
Miscellaneous
Penalty

Terms Used In Oregon Statutes > Chapter 60 - Private Corporations

  • 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
  • Adaptive behavior: means the effectiveness or degree with which an individual meets the standards of personal independence and social responsibility expected for age and cultural group. See Oregon Statutes 427.005
  • 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.
  • Adjudicated youth: means a person who has been found to be within the jurisdiction of the juvenile court under ORS § 419C. See Oregon Statutes 419A.004
  • Adjusted gross estate: The gross estate, less funeral expenses, expenses of estate administration during probate, debts of the estate, and casualty losses suffered during estate administration.
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • 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.
  • Agency: means any state board, commission, department, or division thereof, or officer authorized by law to make rules or to issue orders, except those in the legislative and judicial branches. See Oregon Statutes 183.310
  • 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

  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • 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
  • 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.
  • Assessment: means any charge imposed or levied by the association of unit owners on or against a unit owner or unit pursuant to provisions of the declaration or the bylaws of the condominium or provisions of this chapter. See Oregon Statutes 100.005
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • association: means the association provided for under ORS § 100. See Oregon Statutes 100.005
  • Assumed business name: includes a name that a person uses to identify a business that incorporates a word or phrase that suggests the existence of additional owners, such as 'Company,' '& Company,' '& Daughters,' '& Associates,' or a similar word or phrase, unless the name is the real and true name of the person that carries on, conducts or transacts the business. See Oregon Statutes 648.005
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • 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
  • Authorized shares: means the shares of all classes that a domestic or foreign corporation is authorized to issue. See Oregon Statutes 60.001
  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • 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.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Behavioral health home: means a mental health disorder or substance use disorder treatment organization, as defined by the Oregon Health Authority by rule, that provides integrated health care to individuals whose primary diagnoses are mental health disorders or substance use disorders. See Oregon Statutes 414.025
  • 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
  • Bequest: Property gifted by will.
  • Blanket encumbrance: means a trust deed or mortgage or any other lien or encumbrance, mechanic's lien or otherwise, securing or evidencing the payment of money and affecting more than one unit in a condominium, or an agreement affecting more than one such unit by which the developer holds such condominium under an option, contract to sell or trust agreement. See Oregon Statutes 100.005
  • Board: means the Employment Relations Board. See Oregon Statutes 663.005
  • Board: means the Oregon Health and Science University Board of Directors established under ORS § 353. See Oregon Statutes 353.010
  • Board: means the Citizens' Utility Board of Governors. See Oregon Statutes 774.010
  • Building: means a multiple-unit building or single-unit buildings, or any combination thereof, comprising a part of the property. See Oregon Statutes 100.005
  • Bureau: means the Bureau of Labor and Industries. See Oregon Statutes 659A.001
  • Business: means activity carried on, conducted or transacted by or on behalf of nonprofit, social, fraternal and charitable entities and unincorporated associations, or for commercial gain. See Oregon Statutes 648.005
  • business of a nonalcoholic beverage manufacturer: means the operations and business of and the owner or operator thereof, who manufactures, makes, bottles, handles, distributes, holds for sale, or sells soda or soda waters, mineral waters, carbonated beverages and other nonalcoholic drinks or beverages otherwise known as soft drinks, except those that are exempt as not covered as provided in ORS § 635. See Oregon Statutes 635.015
  • CASA Volunteer Program: means a program that is approved or sanctioned by a juvenile court, has received accreditation from the National CASA Association and has entered into a contract with the statewide coordinating entity contracted with by the Oregon Department of Administrative Services under ORS § 184. See Oregon Statutes 419A.004
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • 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
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • 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: 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 award: means a money award or agency order that requires the payment of child support and that is entered under ORS § 25. See Oregon Statutes 18.005
  • 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
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • City: includes any incorporated village or town. See Oregon Statutes 174.100
  • Civil action: means any action that is not a criminal action. See Oregon Statutes 18.005
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Clerk of court: means the trial court administrator or any other nonjudicial officer or employee of the circuit court for a county authorized by the presiding judge for the judicial district. See Oregon Statutes 10.010
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Combined weight: means the total empty weight of all vehicles in a combination plus the total weight of the load carried on that combination of vehicles. See Oregon Statutes 826.001
  • Commercial vehicle: means a vehicle that:

    (a) Is used for the transportation of persons for compensation or profit; or

    (b) Is designed or used primarily for the transportation of property. See Oregon Statutes 826.001

  • Commissioner: means the Commissioner of the Bureau of Labor and Industries. See Oregon Statutes 659A.001
  • Commissioner: means the Real Estate Commissioner. See Oregon Statutes 100.005
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife.
  • Common elements: means the general common elements and the limited common elements. See Oregon Statutes 100.005
  • 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.
  • Community health worker: means an individual who meets qualification criteria adopted by the authority under ORS § 414. See Oregon Statutes 414.025
  • Conciliator: means the head of the State Conciliation Service. See Oregon Statutes 663.005
  • condominium unit: means a part of the property which:

    (a) Is described in ORS § 100. See Oregon Statutes 100.005

  • Conservator: means a person appointed as a conservator under the provisions of this chapter. See Oregon Statutes 125.005
  • Contested case: means a proceeding before an agency:

    (A) In which the individual legal rights, duties or privileges of specific parties are required by statute or Constitution to be determined only after an agency hearing at which such specific parties are entitled to appear and be heard;

    (B) Where the agency has discretion to suspend or revoke a right or privilege of a person;

    (C) For the suspension, revocation or refusal to renew or issue a license where the licensee or applicant for a license demands such hearing; or

    (D) Where the agency by rule or order provides for hearings substantially of the character required by ORS § 183. See Oregon Statutes 183.310

  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • Conversion condominium: means real property that a declarant intends to submit to the condominium form of ownership under this chapter on which there is a building, improvement or structure that was occupied prior to any negotiation and that is:

    (a) Residential in nature, at least in part; and

    (b) Not wholly commercial or industrial, or commercial and industrial, in nature. See Oregon Statutes 100.005

  • Conviction: A judgement of guilt against a criminal defendant.
  • Coordinated care organization: means an organization meeting criteria adopted by the Oregon Health Authority under ORS § 414. See Oregon Statutes 414.025
  • Counselor: means a juvenile department counselor or a county juvenile probation officer. See Oregon Statutes 419A.004
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County: means the county in which the district, or the greatest length of highway to be illuminated, is located. See Oregon Statutes 372.010
  • County board: means board of county commissioners or county court of a county. See Oregon Statutes 372.010
  • County court: includes board of county commissioners. See Oregon Statutes 174.100
  • Court: means the juvenile court. See Oregon Statutes 419A.004
  • Court administrator: means a trial court administrator in a circuit court that has a trial court administrator and the clerk of the court in all other courts. See Oregon Statutes 18.005
  • Court appointed special advocate: means a person in a CASA Volunteer Program who is appointed by the court to act as a court appointed special advocate pursuant to ORS § 419B. See Oregon Statutes 419A.004
  • 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
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Criminal action: has the meaning given in ORS § 131. See Oregon Statutes 18.005
  • 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
  • Decedent: A deceased person.
  • Declarant: means a person who records a declaration under ORS § 100. See Oregon Statutes 100.005
  • Declaration: means the instrument described in ORS § 100. See Oregon Statutes 100.005
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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
  • Department: means the Department of Human Services. See Oregon Statutes 419A.004
  • Department: means the Department of Corrections. See Oregon Statutes 421.005
  • Department: means the State Department of Agriculture. See Oregon Statutes 603.010
  • Department: means the State Department of Agriculture. See Oregon Statutes 635.015
  • Department: means the Department of Transportation. See Oregon Statutes 826.001
  • 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.
  • Developer: means a declarant or any person that acquires an interest in a condominium from declarant, successor declarant or subsequent developer for the primary purpose of resale. See Oregon Statutes 100.005
  • Developmental disability: means autism, cerebral palsy, epilepsy or other condition diagnosed by a qualified professional that:

    (a) Originates before an individual is 22 years of age and is expected to continue indefinitely;

    (b) Results in a significant impairment in adaptive behavior as measured by a qualified professional;

    (c) Is not attributed primarily to other conditions including, but not limited to, a mental or emotional disorder, sensory impairment, substance abuse, personality disorder, learning disability or attention deficit hyperactivity disorder; and

    (d) Requires supports similar to those required by an individual with an intellectual disability. See Oregon Statutes 427.005

  • Devise: To gift property by will.
  • Director: means the Director of the Department of Corrections. See Oregon Statutes 421.005
  • 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:
  • 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
  • District: means a highway lighting district formed under this chapter. See Oregon Statutes 372.010
  • District: means an electoral district for members of the Citizens' Utility Board of Governors. See Oregon Statutes 774.010
  • District: means an airport district established under this chapter. See Oregon Statutes 838.005
  • district: means any one of the following:

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

  • District board: means the governing body of the district. See Oregon Statutes 838.005
  • 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 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 nonprofit corporation: means a corporation not for profit that is incorporated under ORS Chapter 65. 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 60.001
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Dower: A widow
  • 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
  • Economic effect: means the economic impact on affected businesses by and the costs of compliance, if any, with a rule for businesses, including but not limited to the costs of equipment, supplies, labor and administration. See Oregon Statutes 183.310
  • 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 meeting: means a meeting that is conducted through telephone, teleconference, video conference, web conference or any other live electronic means where at least one participant is not physically present. See Oregon Statutes 100.005
  • Electronic notice revocation: means a notice in which a person states that the person will not accept delivery of certain communications by means of electronic transmission. See Oregon Statutes 60.001
  • Electronic signature: has the meaning given that term in ORS § 84. See Oregon Statutes 60.001
  • 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
  • Electronic transmission: means a form or process of communication that does not directly involve physically transferring paper or another tangible medium and that enables a recipient to retain, retrieve and reproduce information by means of an automated process that is used in conventional commercial practice, except as provided in ORS § 60. See Oregon Statutes 60.001
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employee: includes any employee, and is not limited to the employees of a particular employer unless this chapter explicitly states otherwise, and includes any individual whose work has ceased as a consequence of, or in connection with, a current labor dispute and who has not obtained any other regular and substantially equivalent employment, but does not include an individual:

    (a) Employed in agricultural labor as defined in ORS § 657. See Oregon Statutes 663.005

  • Employer: means any person who in this state, directly or through an agent, engages or uses the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed. See Oregon Statutes 659A.001
  • Employer: includes any person acting as an agent of an employer, directly or indirectly, but does not include:

    (a) The United States or any wholly owned government corporation, or any Federal Reserve Bank. See Oregon Statutes 663.005

  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Entity: means a corporation, foreign corporation, nonprofit corporation, profit or nonprofit unincorporated association, 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 60.001
  • Entity: means a foreign or domestic corporation, foreign or domestic nonprofit corporation, foreign or domestic profit or nonprofit unincorporated association, foreign or domestic business trust, foreign or domestic limited partnership, foreign or domestic general partnership, foreign or domestic limited liability company, two or more persons that have a joint or common economic interest, a state, the United States, a federally recognized Native American or American Indian tribal government or a foreign government. See Oregon Statutes 648.005
  • Equipment: means all machinery, fixtures, containers, vessels, tools, implements and apparatus used in and about an establishment. See Oregon Statutes 603.010
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: 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.
  • Ex officio: Literally, by virtue of one's office.
  • exchange: means an American Health Benefit Exchange described in 42 U. See Oregon Statutes 414.025
  • executed by the association: means signed by the secretary and the president or chairperson of the association. See Oregon Statutes 100.005
  • 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
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Facility: means a group home, activity center, community mental health clinic or other facility or program that the Department of Human Services approves to provide necessary services to persons with intellectual disabilities or other developmental disabilities. See Oregon Statutes 427.005
  • 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
  • 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
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • 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: A trustee, executor, or administrator.
  • 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
  • Final order: means final agency action expressed in writing. See Oregon Statutes 183.310
  • 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
  • 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.
  • Flexible condominium: means a condominium containing variable property that may be redesignated, reclassified or withdrawn from the condominium pursuant to ORS § 100. See Oregon Statutes 100.005
  • 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 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 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 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 professional corporation: means a professional corporation that is organized under laws other than the laws of the state. See Oregon Statutes 60.001
  • Foreign support order: means a support order of a foreign tribunal. See Oregon Statutes 110.503
  • Foreign tribunal: includes a competent authority under the Convention. See Oregon Statutes 110.503
  • 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.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • 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 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

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Global budget: means a total amount established prospectively by the Oregon Health Authority to be paid to a coordinated care organization for the delivery of, management of, access to and quality of the health care delivered to members of the coordinated care organization. See Oregon Statutes 414.025
  • 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.
  • Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
  • 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.
  • Guardian: means guardian of the person and not guardian of the estate. See Oregon Statutes 419A.004
  • Guardian: means a person appointed as a guardian under the provisions of this chapter. See Oregon Statutes 125.005
  • 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.
  • Health services: means at least so much of each of the following as are funded by the Legislative Assembly based upon the prioritized list of health services compiled by the Health Evidence Review Commission under ORS § 414. See Oregon Statutes 414.025
  • Hearing officer: includes an administrative law judge. See Oregon Statutes 183.310
  • 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.
  • Highway: means any road or way open to public travel. See Oregon Statutes 372.010
  • Home state: means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with the parent or person acting as parent. See Oregon Statutes 110.503
  • Human remains: means a dead body. See Oregon Statutes 432.005
  • 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: has the meaning given that term in ORS § 411. See Oregon Statutes 414.025
  • 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
  • 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
  • Independence: means the extent to which persons with intellectual disabilities or other developmental disabilities exert control and choice over their own lives. See Oregon Statutes 427.005
  • 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 or the estate of an incompetent individual or a deceased individual. See Oregon Statutes 60.001
  • 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
  • Initiating tribunal: means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country. See Oregon Statutes 110.503
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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
  • Institution: means the institutions designated in ORS § 179. See Oregon Statutes 179.010
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Integrated health care: means care provided to individuals and their families in a patient centered primary care home or behavioral health home by licensed primary care clinicians, behavioral health clinicians and other care team members, working together to address one or more of the following:

    (A) Mental illness. See Oregon Statutes 414.025

  • Intellectual disability: means an intelligence quotient of 70 or below as measured by a qualified professional and existing concurrently with significant impairment in adaptive behavior, that is manifested before the individual is 18 years of age. See Oregon Statutes 427.005
  • 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
  • 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.
  • Intestate: Dying without leaving a will.
  • 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 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.
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • 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.
  • Juror: means any juror or prospective juror. See Oregon Statutes 10.010
  • Jury: means a body of persons temporarily selected from persons who live in a particular county or district, and invested with power to present or indict in respect to a crime or to try a question of fact. See Oregon Statutes 10.010
  • Juvenile court: means the court having jurisdiction of juvenile matters in the several counties of this state. See Oregon Statutes 419A.004
  • Labor dispute: includes any controversy concerning terms, tenure or conditions of employment or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. See Oregon Statutes 663.005
  • Labor organization: means an organization of any kind, or an agency or an employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work. See Oregon Statutes 663.005
  • Law: includes decisional and statutory law and rules and regulations having the force of law. See Oregon Statutes 110.503
  • Leasehold: means the interest of a person, firm or corporation that is the lessee under a lease from the owner in fee and that files a declaration creating a condominium under ORS § 100. See Oregon Statutes 100.005
  • Legacy: A gift of property made by will.
  • Legal representative: means a licensed attorney representing the registrant or other qualified applicant. See Oregon Statutes 432.005
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Legatee: A beneficiary of a decedent
  • legislative department: means the Legislative Assembly, the committees of the Legislative Assembly and all administrative divisions of the Legislative Assembly and its committees, whether denominated as boards, commissions or departments or by any other designation. See Oregon Statutes 174.114
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: includes the whole or part of any agency permit, certificate, approval, registration or similar form of permission required by law to pursue any commercial activity, trade, occupation or profession. See Oregon Statutes 183.310
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limited common elements: means those common elements designated in the declaration, as reserved for the use of a certain unit or number of units, to the exclusion of the other units. See Oregon Statutes 100.005
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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
  • Local citizen review board: means the board specified by ORS § 419A. See Oregon Statutes 419A.004
  • 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
  • majority of unit owners: means more than 50 percent of the voting rights allocated to the units by the declaration. See Oregon Statutes 100.005
  • 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
  • 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.
  • Meat animal: means any vertebrate animal, except fish and aquatic mammals, not otherwise prohibited by law for sale for human consumption. See Oregon Statutes 603.010
  • Meat or meat product: means any edible muscle, except any muscle found in the lips, snout or ears, of meat animals, which is skeletal or found in the tongue, diaphragm, heart or esophagus, with or without any accompanying and overlying fat, and any portion of bone, skin, sinew, nerve or blood vessels normally accompanying the muscle tissue and not separated from it in the process of dressing or as otherwise prescribed by the department. See Oregon Statutes 603.010
  • Medical assistance: includes any care or services for any individual who is a patient in a medical institution or any care or services for any individual who has attained 65 years of age or is under 22 years of age, and who is a patient in a private or public institution for mental diseases. See Oregon Statutes 414.025
  • 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
  • Member: means a member of the Citizens' Utility Board. See Oregon Statutes 774.010
  • Mental health drug: means a type of legend drug, as defined in ORS § 414. See Oregon Statutes 414.025
  • Minor: means an unmarried person under 18 years of age. See Oregon Statutes 427.005
  • Minor: means any person who has not attained 18 years of age. See Oregon Statutes 125.005
  • Money award: means a judgment or portion of a judgment that requires the payment of money. See Oregon Statutes 18.005
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagee: means any person who is:

    (a) A mortgagee under a mortgage;

    (b) A beneficiary under a trust deed; or

    (c) The vendor under a land sale contract. See Oregon Statutes 100.005

  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • National origin: includes ancestry. See Oregon Statutes 659A.001
  • Negotiation: means any activity preliminary to the execution by either developer or purchaser of a unit sales agreement, including but not limited to advertising, solicitation and promotion of the sale of a unit. See Oregon Statutes 100.005
  • 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.
  • Nonwithdrawable variable property: means property which pursuant to ORS § 100. See Oregon Statutes 100.005
  • 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.
  • 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

  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Order: includes any agency determination or decision issued in connection with a contested case proceeding. See Oregon Statutes 183.310
  • Oregon Health and Science University: means the Oregon Health and Science University public corporation created under ORS § 353. See Oregon Statutes 353.010
  • Outside this state: means a location in another state or a country other than the United States, whether or not the country is a foreign country. See Oregon Statutes 110.503
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parent: means the biological or adoptive mother and the legal parent of the child, ward, youth or adjudicated youth. See Oregon Statutes 419A.004
  • 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.
  • Patient centered primary care home: means a health care team or clinic that is organized in accordance with the standards established by the Oregon Health Authority under ORS § 414. See Oregon Statutes 414.025
  • Peer support specialist: means any of the following individuals who meet qualification criteria adopted by the authority under ORS § 414. See Oregon Statutes 414.025
  • Peer wellness specialist: means an individual who meets qualification criteria adopted by the authority under ORS § 414. See Oregon Statutes 414.025
  • Person: means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than an agency. See Oregon Statutes 183.310
  • 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: means an individual or an entity. See Oregon Statutes 648.005
  • Person centered care: means care that:

    (a) Reflects the individual patient's strengths and preferences;

    (b) Reflects the clinical needs of the patient as identified through an individualized assessment; and

    (c) Is based upon the patient's goals and will assist the patient in achieving the goals. See Oregon Statutes 414.025

  • 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 health navigator: means an individual who meets qualification criteria adopted by the authority under ORS § 414. See Oregon Statutes 414.025
  • 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
  • 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.
  • 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.
  • predatory animals: includes feral swine as defined by State Department of Agriculture rule, coyotes, rabbits, rodents and birds that are or may be destructive to agricultural crops, products and activities, but excluding game birds and other birds determined by the State Fish and Wildlife Commission to be in need of protection. See Oregon Statutes 610.002
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Prepaid managed care health services organization: means a managed dental care, mental health or chemical dependency organization that contracts with the authority under ORS § 414. See Oregon Statutes 414.025
  • 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
  • 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.
  • Proceeding: means a civil, criminal, administrative or investigatory action. See Oregon Statutes 60.001
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • 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 body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
  • Public corporation: means an entity that is created by the state to carry out public missions and services. See Oregon Statutes 353.010
  • Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • public notice: means any legal publication which requires an affidavit of publication as required in ORS § 193. See Oregon Statutes 174.104
  • Purchaser: means an actual or prospective purchaser of a condominium unit pursuant to a sale. See Oregon Statutes 100.005
  • Race: includes physical characteristics that are historically associated with race, including but not limited to natural hair, hair texture, hair type and protective hairstyles. See Oregon Statutes 659A.001
  • Recess: A temporary interruption of the legislative business.
  • 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 this chapter on which a corporation determines the identity of the corporation's shareholders and their shareholdings for purposes of this chapter. See Oregon Statutes 60.001
  • 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
  • Recorded: means to cause to be recorded by the county officer in the real property records for each county in which the condominium is located. See Oregon Statutes 100.005
  • Recording officer: means the county officer charged with the duty of filing and recording deeds and mortgages or any other instruments or documents affecting the title to real property. See Oregon Statutes 100.005
  • Records: means any information in written form, pictures, photographs, charts, graphs, recordings or documents pertaining to a case. See Oregon Statutes 419A.004
  • 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
  • Registrant: means a person for which the Secretary of State has registered an application filed under ORS § 648. See Oregon Statutes 648.005
  • 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
  • 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.
  • Remote communication: means any method by which a person that is not physically present at the location at which a meeting occurs may nevertheless hear or otherwise communicate at substantially the same time with other persons at the meeting and have access to materials necessary to participate or vote in the meeting to the extent of the person's authorization to participate or vote. See Oregon Statutes 60.001
  • 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
  • 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).
  • Representative: includes an individual or labor organization. See Oregon Statutes 663.005
  • 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.
  • Residential facility: means a program or facility providing an organized full-day or part-day program of treatment. See Oregon Statutes 430.010
  • Respondent: means any person against whom a complaint or charge of an unlawful practice is filed with the commissioner or whose name has been added to such complaint or charge pursuant to ORS § 659A. See Oregon Statutes 659A.001
  • 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 state: means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country. See Oregon Statutes 110.503
  • Responding tribunal: means the authorized tribunal in a responding state or foreign country. See Oregon Statutes 110.503
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. Source: OCC
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Rule: means any agency directive, standard, regulation or statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of any agency. See Oregon Statutes 183.310
  • Sale: means any disposition or transfer of a condominium unit, or an interest or estate therein, by a developer, including the offering of the property as a prize or gift when a monetary charge or consideration for whatever purpose is required by the developer. See Oregon Statutes 100.005
  • 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 mark: has the meaning given in ORS § 647. See Oregon Statutes 648.005
  • 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.
  • Sexual orientation: means an individual's actual or perceived heterosexuality, homosexuality or bisexuality. See Oregon Statutes 174.100
  • Share: means a unit into which the proprietary interest in a corporation is divided. See Oregon Statutes 60.001
  • 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 § 60. See Oregon Statutes 60.001
  • Sign: means to indicate a present intent to authenticate or adopt a document by:

    (a) Affixing a symbol to the document;

    (b) Inscribing or affixing a manual, facsimile or conformed signature on the document; or

    (c) Attaching to, or logically associating with, an electronic transmission any electronic sound, symbol or process, including an electronic signature. See Oregon Statutes 60.001

  • Signature: means any embodiment of a person's intent to sign a document. See Oregon Statutes 60.001
  • Single voting group: means a voting group, the shares of which are entitled by the articles of incorporation or this chapter to vote generally on a matter. See Oregon Statutes 60.001
  • Small business: means a corporation, partnership, sole proprietorship or other legal entity formed for the purpose of making a profit, which is independently owned and operated from all other businesses and which has 50 or fewer employees. See Oregon Statutes 183.310
  • Special declarant right: means any right, in addition to the regular rights of the declarant as a unit owner, reserved for the benefit of or created by the declarant under the declaration, bylaws or the provisions of this chapter. See Oregon Statutes 100.005
  • special government body: means any of the following:

    (a) A public corporation created under a statute of this state and specifically designated as a public corporation. See Oregon Statutes 174.117

  • Spousal support order: means a support order for a spouse or former spouse of the obligor. See Oregon Statutes 110.503
  • Staged condominium: means a condominium that provides for annexation of additional property pursuant to ORS § 100. See Oregon Statutes 100.005
  • 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
  • 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.
  • 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.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Subscriber: means a person who subscribes for shares in a corporation, whether before or after incorporation. See Oregon Statutes 60.001
  • Successor declarant: means the transferee of any special declarant right. See Oregon Statutes 100.005
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervisor: means any individual, other than a licensed professional or practical nurse, having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. See Oregon Statutes 663.005
  • 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
  • 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
  • Surrogate: means a person appointed by the court to protect the right of the child, ward, youth or adjudicated youth to receive procedural safeguards with respect to the provision of free appropriate public education. See Oregon Statutes 419A.004
  • 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.
  • Termination date: means that date described in ORS § 100. See Oregon Statutes 100.005
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • 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
  • Traffic offense: has the meaning given that term in ORS § 801. See Oregon Statutes 153.005
  • 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.
  • Transitional committee: means the committee provided for under ORS § 100. See Oregon Statutes 100.005
  • Treatment: means the provision of specific physical, mental, social interventions and therapies that halt, control or reverse processes that cause, aggravate or complicate malfunctions or dysfunctions. See Oregon Statutes 427.005
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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.
  • Tribal traditional health worker: means an individual who meets qualification criteria adopted by the authority under ORS § 414. See Oregon Statutes 414.025
  • 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
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • Turnover meeting: means the meeting provided for under ORS § 100. See Oregon Statutes 100.005
  • Unfair labor practice: means any unfair labor practice listed in ORS § 663. See Oregon Statutes 663.005
  • Unit designation: means the number, letter or combination thereof designating a unit in the declaration and on the plat. See Oregon Statutes 100.005
  • United States: means the federal government or a district, authority, bureau, commission, department or any other agency of the United States. See Oregon Statutes 60.001
  • United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
  • Unlawful employment practice: includes a practice that is specifically denominated in another statute of this state as an unlawful employment practice and that is specifically made subject to enforcement under this chapter. See Oregon Statutes 659A.001
  • Unlawful practice: includes a practice that is specifically denominated in another statute of this state as an unlawful practice and that is specifically made subject to enforcement under this chapter, or a practice that violates a rule adopted by the commissioner for the enforcement of the provisions of this chapter. See Oregon Statutes 659A.001
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Utility: means any utility regulated by the Public Utility Commission pursuant to ORS chapters 757 and 759, which furnishes electric, telephone, gas or heating service. See Oregon Statutes 774.010
  • utility consumer: means any natural person 18 years of age or older who is a resident of the State of Oregon. See Oregon Statutes 774.010
  • Variable property: means property described in ORS § 100. See Oregon Statutes 100.005
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • victim: includes the legal guardian of the minor. See Oregon Statutes 419A.004
  • Violate: includes failure to comply. See Oregon Statutes 174.100
  • Violation: means an offense described in ORS § 153. See Oregon Statutes 153.005
  • Violation proceeding: means a judicial proceeding initiated by issuance of a citation that charges a person with commission of a violation. See Oregon Statutes 153.005
  • 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
  • Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Oregon Statutes 60.001
  • Voting rights: means the portion of the votes allocated to a unit by the declaration in accordance with ORS § 100. See Oregon Statutes 100.005
  • 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

  • Ward: means a person within the jurisdiction of the juvenile court under ORS § 419B. See Oregon Statutes 419A.004
  • wife: means spouses or a spouse in a marriage. See Oregon Statutes 174.100
  • Young person: means a person who has been found responsible except for insanity under ORS § 419C. See Oregon Statutes 419A.004
  • Youth: means a person under 18 years of age who is alleged to have committed an act that is a violation, or, if done by an adult would constitute a violation, of a law or ordinance of the United States or a state, county or city. See Oregon Statutes 419A.004