Creation and Termination of Tenancies
Eviction of Nontenants
Rent
Emblements
Matters Relating to Gambling Leases
Utility Claims
Electric Vehicle Charging Stations

Terms Used In Oregon Statutes > Chapter 91

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • 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.
  • Anniversary: means the day each year exactly one or more years after:

    (a) The date on which the Secretary of State files the articles of incorporation for a cooperative. See Oregon Statutes 62.015

  • 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
  • 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
  • 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
  • Bequest: Property gifted by will.
  • Board: means the State Marine Board. See Oregon Statutes 830.005
  • Board: means board of directors. See Oregon Statutes 62.015
  • Board: means the State Land Board. See Oregon Statutes 273.006
  • Boat: means every description of watercraft, including a seaplane on the water and not in flight, used or capable of being used as a means of transportation on the water, but does not include boathouses, floating homes, air mattresses, beach and water toys or single inner tubes. See Oregon Statutes 830.005
  • Boating offense: means violation of any provision of law that is made a crime or violation under the provisions of this chapter. See Oregon Statutes 830.005
  • Capital construction: has the meaning given that term in ORS 310. See Oregon Statutes 287A.001
  • Capital costs: has the meaning given that term in ORS 310. See Oregon Statutes 287A.001
  • Capital improvements: has the meaning given that term in ORS 310. See Oregon Statutes 287A.001
  • Certificate: means an authority issued to a for-hire carrier under ORS 825. See Oregon Statutes 825.005
  • 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.
  • Combined weight: means the weight of the motor vehicle plus the weight of the maximum load which the applicant has declared such vehicle will carry. See Oregon Statutes 825.005
  • 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.
  • 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.
  • Continuing care: means directly furnishing or indirectly making available, upon payment of an entrance fee and under a residency agreement, housing and health related services for a period greater than one year to an individual not related by blood or marriage to the continuing care retirement community provider that is furnishing care. See Oregon Statutes 101.020
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cooperative: means a cooperative corporation that is subject to the provisions of this chapter. See Oregon Statutes 62.015
  • Corporation: means a corporation that is not a cooperative. See Oregon Statutes 62.015
  • council: means a body of residents of a continuing care retirement community who are elected by the residents and recognized by the provider as representing the interests of the residents. See Oregon Statutes 101.020
  • 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 266.010
  • County board: means county court or board of county commissioners of the county. See Oregon Statutes 266.010
  • Decedent: A deceased person.
  • 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.
  • Department: means the Department of Transportation. See Oregon Statutes 825.005
  • Department: means the Department of State Lands. See Oregon Statutes 273.006
  • Department: means the Department of State Lands. See Oregon Statutes 274.005
  • 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.
  • Devise: To gift property by will.
  • Director: means the Director of the Department of State Lands. See Oregon Statutes 273.006
  • Director: means the Director of the Department of State Lands. See Oregon Statutes 274.005
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • District: means park and recreation district formed under this chapter. See Oregon Statutes 266.010
  • District: means a metropolitan service district established under this chapter. See Oregon Statutes 268.020
  • District board: means the governing body of a district. See Oregon Statutes 266.010
  • District charter: means a home rule charter enacted by the electors of a district under section 14, Article XI, Oregon Constitution. See Oregon Statutes 268.020
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Employee: includes an officer but not a director, unless the director accepts duties that make the director also an employee. See Oregon Statutes 60.001
  • 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
  • Executor: A male person named in a will to carry out the decedent
  • extreme mileage: means the total miles operated by a vehicle over the public highways, except the extra miles necessarily operated in traversing detours or temporary routes on account of road blockades in the state. See Oregon Statutes 825.005
  • 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.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • 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.
  • Foreign corporation: means a corporation for profit that is incorporated under laws other than the laws of the state. See Oregon Statutes 60.001
  • 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
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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.
  • Household goods: means the personal effects or other property used or to be used in a dwelling but does not include property transported from a store or factory or property exclusively for office use. See Oregon Statutes 825.005
  • Improvement: means the facilities and other property constructed, erected or acquired by and to be used in the performance of services authorized to be performed by a district. See Oregon Statutes 268.020
  • 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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 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.
  • 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
  • Land: includes water, water rights, easements of every nature and all appurtenances to land. See Oregon Statutes 273.006
  • Land: includes water, water rights, easements of every nature and all appurtenances to land. See Oregon Statutes 274.005
  • Length: means the length of a boat measured from end to end over the deck excluding sheer. See Oregon Statutes 830.005
  • Line of ordinary high water: means the line on the bank or shore to which the high water ordinarily rises annually in season. See Oregon Statutes 274.005
  • Line of ordinary low water: means the line on the bank or shore to which the low water ordinarily recedes annually in season. See Oregon Statutes 274.005
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Material: includes gravel, rock, sand and silt, but does not include hard minerals subject to ORS 274. See Oregon Statutes 273.006
  • Member: means a person that is qualified and accepted for membership in a cooperative. See Oregon Statutes 62.015
  • Membership stock: means any class of stock, continuous ownership of which is required for membership in a cooperative. See Oregon Statutes 62.015
  • Metropolitan area: means that area which on October 4, 1997, lies within the boundaries of Clackamas, Multnomah and Washington Counties. See Oregon Statutes 268.020
  • Metropolitan significance: means having major or significant district-wide impact. See Oregon Statutes 268.020
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • motor carrier: means for-hire carrier or private carrier. See Oregon Statutes 825.005
  • Motor vehicle: includes overdimension vehicles or vehicles permitted excessive weights pursuant to a special authorization issued by a city, county or the Department of Transportation. See Oregon Statutes 825.005
  • Motorboat: means any boat propelled in whole or in part by machinery, including boats temporarily equipped with detachable motors. See Oregon Statutes 830.005
  • 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.
  • Oath: A promise to tell the truth.
  • Operate: means to navigate or otherwise use a boat. See Oregon Statutes 830.005
  • Operator of a boat livery: means any person who is engaged wholly or in part in the business of chartering or renting boats to other persons. See Oregon Statutes 830.005
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Peace officer: includes a member of the Oregon State Police, a sheriff or deputy sheriff, a city police officer, an authorized tribal police officer as defined in ORS 181A. See Oregon Statutes 830.005
  • Permit: means an authority issued to a carrier under ORS 825. See Oregon Statutes 825.005
  • 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 a public body as defined in ORS 174. See Oregon Statutes 268.020
  • 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.
  • 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
  • Private carrier: means any person who operates a motor vehicle over the public highways of this state for the purpose of transporting persons or property when the transportation is incidental to a primary business enterprise, other than transportation, in which such person is engaged. See Oregon Statutes 825.005
  • 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.
  • 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
  • Provider: means an owner or operator, whether a natural person, partnership, trust, limited liability company, corporation or unincorporated association, however organized, of a new or existing continuing care retirement community, whether operated for profit or not, that provides, plans to provide or agrees to provide continuing care to one or more unrelated residents under a residency agreement. See Oregon Statutes 101.020
  • public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
  • Public land: means any land or improvements thereon owned by the State of Oregon or any agency thereof. See Oregon Statutes 273.006
  • 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.
  • 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
  • Regional framework plan: means the Metro regional framework plan defined in ORS 197. See Oregon Statutes 268.020
  • 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
  • Resident: means a person who enters into a residency agreement with a provider or who is designated in a residency agreement to be a person being provided with continuing care. See Oregon Statutes 101.020
  • Revenue: means all fees, tolls, excise taxes, assessments, property taxes and other taxes, rates, charges, rentals and other income or receipts derived by a state agency or to which a state agency is entitled. See Oregon Statutes 286A.001
  • Revenue: means all fees, tolls, excise taxes, assessments, property taxes and other taxes, rates, charges, rentals and other income or receipts derived by a public body or to which a public body is entitled. See Oregon Statutes 287A.001
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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
  • Shareholder: means a holder of shares of capital stock of a cooperative other than membership stock. See Oregon Statutes 62.015
  • 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

  • state government: means the executive department, the judicial department and the legislative department. See Oregon Statutes 174.111
  • State land: means public land controlled by the Department of State Lands. See Oregon Statutes 273.006
  • 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.
  • 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.
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Transporter: has the meaning given that term in ORS 466. See Oregon Statutes 825.005
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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
  • 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
  • Waters of this state: means all waters within the territorial limits of this state, the marginal sea adjacent to this state and the high seas when navigated as part of a journey or ride to or from the shore of this state. See Oregon Statutes 830.005
  • Written: means embodied as a document. See Oregon Statutes 60.001