Terms Used In Oregon Statutes > Chapter 702
- 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
- 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.
- 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
- 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
- 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
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- 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
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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
- 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.
- 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
- Felony: A crime carrying a penalty of more than a year in prison.
- Fiduciary: A trustee, executor, or administrator.
- Foreign country: means a country, or a political subdivision of a country, other than the United States, that authorizes the issuance of support orders and:
(a) That has been declared under the law of the United States to be a foreign reciprocating country;
(b) That has established a reciprocal arrangement for child support with this state as provided in ORS 110. See Oregon Statutes 110.503
- Foreign support order: means a support order of a foreign tribunal. See Oregon Statutes 110.503
- Foreign tribunal: includes a competent authority under the Convention. See Oregon Statutes 110.503
- 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.
- 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
- 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
- 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
- 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
- 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.
- Law: includes decisional and statutory law and rules and regulations having the force of law. See Oregon Statutes 110.503
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- 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
- 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
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, instrumentality or any other legal or commercial entity. See Oregon Statutes 110.503
- Personal property: All property that is not real property.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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
- 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
- Responding tribunal: means the authorized tribunal in a responding state or foreign country. See Oregon Statutes 110.503
- Service of process: The service of writs or summonses to the appropriate party.
- 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 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
- Subpoena: A command to a witness to appear and give testimony.
- 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
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- 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.
- 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
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
- wife: means spouses or a spouse in a marriage. See Oregon Statutes 174.100
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.