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Terms Used In Oregon Statutes > Chapter 94

  • 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.
  • Administrative license: means a license issued under ORS 342. See Oregon Statutes 342.120
  • Administrator: includes but is not limited to all superintendents, assistant superintendents, principals and academic program directors in public schools or education service districts who have direct responsibility for supervision or evaluation of licensed teachers and who are compensated for their services from public funds. See Oregon Statutes 342.120
  • 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.
  • Amendment: means a change to an item that appears on a certified copy of a vital record after a certified copy has been issued. See Oregon Statutes 432.005
  • 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
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appliances: means any implement or device used in the manipulating of bees or their brood or hives, which may be used in any apiary. See Oregon Statutes 602.010
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Approved educator preparation program: means a licensure program that is offered by an approved educator preparation provider and meets the standards of the Teacher Standards and Practices Commission. See Oregon Statutes 342.120
  • Approved educator preparation provider: means an entity that meets the standards of the Teacher Standards and Practices Commission for preparation of licensed educators for preprimary programs through grade 12. See Oregon Statutes 342.120
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Articles of incorporation: means the articles described in ORS 60. See Oregon Statutes 60.001
  • Articles of incorporation: means the articles of incorporation described in ORS 65. See Oregon Statutes 65.001
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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
  • 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.
  • Beef: includes veal. See Oregon Statutes 577.110
  • Bees: means honey-producing insects of the genus Apis and includes the adults, eggs, larvae, pupae or other immature stages thereof, together with such materials as are deposited into hives by their adults, except honey and beeswax in rendered form. See Oregon Statutes 602.010
  • 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
  • Bequeath: To gift property by will.
  • Bequest: Property gifted by will.
  • Board: means the Citizens' Utility Board of Governors. See Oregon Statutes 774.010
  • 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
  • Bylaws: means a set of provisions for managing and regulating a corporation's affairs that the corporation must adopt under ORS 65. See Oregon Statutes 65.001
  • Certificate of limited partnership: means the certificate referred to in ORS 70. See Oregon Statutes 70.005
  • Certified copy: means the document, in either paper or electronic format, issued by the State Registrar of the Center for Health Statistics and containing all or a part of the information contained on the original vital record, and which, when issued by the state registrar, has the full force and effect of the original vital record. See Oregon Statutes 432.005
  • Certifier: means a person required to attest to the accuracy of information submitted on a report. See Oregon Statutes 432.005
  • 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 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
  • Child with a disability: means a school-age child who is entitled to a free appropriate public education as specified by ORS 339. See Oregon Statutes 343.035
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • Class: means a group of memberships that have the same rights, including rights that are determined by a formula that is applied uniformly, with respect to voting, dissolution, redemption and transfer. See Oregon Statutes 65.001
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Commercial channels: means the sale of grain for use as food, feed or seed, or any industrial or chemurgic use, when sold to any commercial buyer, dealer, processor or cooperative, or to any person, public or private, who resells any grain or product produced from grain. See Oregon Statutes 578.010
  • Commission: means the Oregon Wheat Commission. See Oregon Statutes 578.010
  • 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 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
  • Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • 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.
  • Coordinated care organization: means an organization meeting criteria adopted by the Oregon Health Authority under ORS 414. See Oregon Statutes 414.025
  • Corporation: means a domestic corporation or a foreign corporation. See Oregon Statutes 65.001
  • Council: means the Oregon Beef Council. See Oregon Statutes 577.110
  • County court: includes board of county commissioners. See Oregon Statutes 174.100
  • county court: includes board of county commissioners. See Oregon Statutes 202.010
  • 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 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
  • Custom processing establishment: means a stationary establishment wherein slaughtered meat animals or meat, caused to be delivered by the owners thereof, are prepared for compensation, payment or remuneration of any kind, and are thereafter returned to the owner thereof or to the order of the owner. See Oregon Statutes 603.010
  • Custom slaughtering establishment: means a mobile or stationary establishment wherein meat animals, caused to be delivered by the owners thereof, are slaughtered for compensation, payment or remuneration of any kind, and are thereafter returned to the owner thereof or to the order of the owner. See Oregon Statutes 603.010
  • 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.
  • Decision: means the decision of the hearing officer. See Oregon Statutes 343.035
  • 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 State Department of Agriculture. See Oregon Statutes 577.110
  • department: means the State Department of Agriculture. See Oregon Statutes 587.010
  • department: means the State Department of Agriculture. See Oregon Statutes 601.010
  • Department: means the State Department of Agriculture. See Oregon Statutes 602.010
  • 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 Corrections. See Oregon Statutes 421.005
  • 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.
  • Determination: means the determination by the school district concerning the identification, evaluation or educational placement of a child with a disability or the provision of a free appropriate public education to the child in a program paid for by the district. See Oregon Statutes 343.035
  • 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 Agriculture. See Oregon Statutes 577.110
  • Director: means the Director of Agriculture. See Oregon Statutes 578.010
  • Director: means the Director of the Department of Corrections. See Oregon Statutes 421.005
  • Director: means an individual who acts as a member of the board of directors, who has a right to vote on questions concerning the management and regulation of a corporation's affairs and who is:

    (a) An appointed director;

    (b) A designated director; or

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

  • Disease: means pests, disease or any condition affecting bees or their brood. See Oregon Statutes 602.010
  • 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 an electoral district for members of the Citizens' Utility Board of Governors. See Oregon Statutes 774.010
  • 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
  • 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
  • Early childhood special education: means instruction that is:

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

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

    (c) Provided in any of the following settings:

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

    (B) A preschool; or

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

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

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

    (b) Selected in collaboration with the parents; and

    (c) Provided:

    (A) Under public supervision;

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

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

  • Electronic 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
  • Emergency: means a human created or natural event or circumstance that causes or threatens widespread loss of life, injury to person or property, human suffering or financial loss, including but not limited to:

    (a) Fire, explosion, flood, severe weather, landslides or mud slides, drought, earthquake, volcanic activity, tsunamis or other oceanic phenomena, spills or releases of oil or hazardous material as defined in ORS 466. See Oregon Statutes 401.025

  • 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
  • Employee: means an individual that a corporation employs, including an officer or director whom the corporation employs with compensation for services beyond the services of board membership. See Oregon Statutes 65.001
  • 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 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
  • 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 domestic corporation, foreign corporation, business corporation and foreign business corporation, profit and nonprofit unincorporated association, corporation sole, business trust, partnership, two or more persons that have a joint or common economic interest, any state, the United States, a federally recognized Native American or American Indian tribal government and any foreign government. See Oregon Statutes 65.001
  • 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.
  • 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
  • Execution: means enforcement of the money award portion of a judgment or enforcement of a judgment requiring delivery of the possession or sale of specific real or personal property, by means of writs of execution, writs of garnishment and other statutory or common law writs or remedies that may be available under the law. See Oregon Statutes 18.005
  • Executive 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.
  • 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.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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.
  • Final disposition: means the burial, interment, cremation, 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
  • First purchaser: means any person, corporation, association or partnership that buys grain from the producer in the first instance, or any lienholder, public or private, who may possess grain from the producer under any lien. See Oregon Statutes 578.010
  • Fiscal year: means the fiscal year commencing on July 1 and ending on June 30. See Oregon Statutes 577.110
  • 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
  • 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
  • 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

  • General partner: means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner. See Oregon Statutes 70.005
  • 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
  • Grain: means barley, canola, corn, flaxseed, mustard, oats, rye, soybeans, grain sorghum, triticale, wheat and any other cereal grain for which standards are established or followed by the State Department of Agriculture. See Oregon Statutes 578.010
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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
  • 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.
  • Hive: means any receptacle or container made or prepared for use of bees, or box or similar container taken possession of by bees. See Oregon Statutes 602.010
  • 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
  • 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: has the meaning given that term in ORS 411. See Oregon Statutes 414.025
  • 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
  • Individualized education program: means a written statement of an educational program for a child with a disability that is developed, reviewed and revised in a meeting in accordance with criteria established by rules of the State Board of Education for each child eligible for special education and related services under this chapter. See Oregon Statutes 343.035
  • Individualized family service plan: means a written plan of early childhood special education, related services, early intervention services and other services developed in accordance with criteria established by rules of the State Board of Education for each child eligible for services under this chapter. See Oregon Statutes 343.035
  • 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
  • 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
  • Instruction: includes preparation of curriculum, assessment and direction of learning in class, in small groups, in individual situations, online, in the library and in guidance and counseling, but does not include the provision of related services, as defined in ORS 343. See Oregon Statutes 342.120
  • Instruction: means providing children and families with information and skills that support the achievement of the goals and outcomes in the child's individualized family service plan and working with preschool children with disabilities in one or more of the following developmental areas:

    (a) Communication development;

    (b) Social or emotional development;

    (c) Physical development, including vision and hearing;

    (d) Adaptive development; and

    (e) Cognitive development. See Oregon Statutes 343.035

  • Instructional assistant: means a classified school employee who does not require a license to teach, who is employed by a school district or education service district and whose assignment consists of and is limited to assisting a licensed teacher in accordance with rules established by the Teacher Standards and Practices Commission. See Oregon Statutes 342.120
  • 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
  • Inter vivos: Transfer of property from one living person to another living person.
  • 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 custody: means an arrangement by which parents share rights and responsibilities for major decisions concerning the child, including, but not limited to, the child's residence, education, health care and religious training. See Oregon Statutes 107.169
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Judgment: means the concluding decision of a court on one or more requests for relief in one or more actions, as reflected in a judgment document. See Oregon Statutes 18.005
  • 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
  • Law: includes decisional and statutory law and rules and regulations having the force of law. See Oregon Statutes 110.503
  • 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
  • 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.
  • Limited partner: means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement. See Oregon Statutes 70.005
  • 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 government: has the meaning given that term in ORS 174. See Oregon Statutes 401.025
  • Major disaster: means any event defined as a 'major disaster' under 42 U. See Oregon Statutes 401.025
  • 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
  • Meat seller establishment: means an establishment wherein meat products are sold, offered or held for sale, but which are not prepared other than to be ground, seasoned, salted, frozen, boned, cut up, wrapped or packed. See Oregon Statutes 603.010
  • Mediation: means a voluntary process in which an impartial mediator assists and facilitates two or more parties to a controversy in reaching a mutually acceptable resolution of the controversy and includes all contacts between a mediator and any party or agent of a party, until such time as a resolution is agreed to by the parties or the mediation process is terminated. See Oregon Statutes 343.035
  • 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
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Nonslaughtering processing establishment: means any building, structure or vehicle wherein the activities of a slaughterhouse, custom slaughtering establishment or custom processing establishment or of an animal food slaughtering establishment or animal food processing establishment under ORS chapter 619 are not performed, but wherein meat products are prepared. See Oregon Statutes 603.010
  • Notice: means a notice described in ORS 65. See Oregon Statutes 65.001
  • Nucleus colony: means a colony that is used primarily to produce new queens or workers for the purpose of starting a new colony or adding to an existing colony. See Oregon Statutes 602.010
  • Oath: A promise to tell the truth.
  • Obligor: means an individual, or the estate of a decedent, that:

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

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

    (c) Is liable under a support order; or

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

  • Other services: means those services that may be provided to preschool children with disabilities and to their families that are not early childhood special education or early intervention services and are not paid for with early childhood special education or early intervention funds. See Oregon Statutes 343.035
  • 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 parent, person acting as a parent or a legal guardian, other than a state agency, of the child or the surrogate parent. See Oregon Statutes 343.035
  • Partner: means a limited or general partner. See Oregon Statutes 70.005
  • Partnership: means an association of two or more persons to carry on as co-owners a business for profit created under ORS 67. See Oregon Statutes 67.005
  • 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.
  • Partnership agreement: means any valid agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of the business of the limited partnership. See Oregon Statutes 70.005
  • 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
  • Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
  • Person: means an individual or an entity. See Oregon Statutes 65.001
  • 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, corporation, business trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, instrumentality or any other legal or commercial entity. See Oregon Statutes 67.005
  • Person: includes any individual, partnership, association or corporation, but does not include any common carrier when engaged in the business of transporting bees, hives, appliances, bee cages or other commodities which are the subject of this chapter, in the regular course of business. See Oregon Statutes 602.010
  • Person: means an individual or an entity. See Oregon Statutes 648.005
  • Person: includes a public body as defined in ORS 174. See Oregon Statutes 18.005
  • Person: means an individual, partnership, limited partnership (domestic or foreign), association or corporation. See Oregon Statutes 70.005
  • Person: means an individual or entity. See Oregon Statutes 60.001
  • 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
  • Poultry: means chickens, ducks, geese, turkeys and all other domesticated fowls or birds. See Oregon Statutes 603.010
  • 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
  • Prepared: means ground, seasoned, canned, cooked, salted, frozen, smoked, cured, pickled, packed, boned, dried, cut up, wrapped or otherwise manufactured or processed. See Oregon Statutes 603.010
  • Preschool child with a disability: means a child from:

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

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

  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal office: means the physical street address of 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: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proceeding: means a civil, criminal, administrative or investigatory action. See Oregon Statutes 60.001
  • Producer: means any person who raises, breeds or grows cattle or calves for beef or dairy production. See Oregon Statutes 577.110
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • public notice: means any legal publication which requires an affidavit of publication as required in ORS 193. See Oregon Statutes 174.104
  • Quorum: The number of legislators that must be present to do business.
  • 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 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
  • 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
  • Related services: means transportation and such developmental, corrective and other supportive services as are required to assist a child with a disability to benefit from special education, including:

    (A) Speech-language and audiology services;

    (B) Interpreting services;

    (C) Psychological services;

    (D) Physical and occupational therapy;

    (E) Recreation, including therapeutic recreation;

    (F) Social work services;

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

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

    (I) Counseling services, including rehabilitation counseling;

    (J) Orientation and mobility services;

    (K) Medical services for diagnostic or evaluation purposes;

    (L) Parent counseling and training; and

    (M) Assistive technology. See Oregon Statutes 343.035

  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • 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).
  • Residential facility: means a program or facility providing an organized full-day or part-day program of treatment. See Oregon Statutes 430.010
  • Resources: has the meaning given that term in ORS 411. See Oregon Statutes 414.025
  • 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.
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Sale: includes any pledge or mortgage of grain, after harvest, to any person, public or private. See Oregon Statutes 578.010
  • School district: means a common or union high school district that is charged with the duty or contracted with by a public agency to educate children eligible for special education. See Oregon Statutes 343.035
  • 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.
  • Sexual orientation: means an individual's actual or perceived heterosexuality, homosexuality, bisexuality or gender identity, regardless of whether the individual's gender identity, appearance, expression or behavior differs from that traditionally associated with the individual's sex at birth. See Oregon Statutes 174.100
  • 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 65. See Oregon Statutes 65.001
  • Slaughterhouse: means an establishment wherein meat animals are slaughtered. See Oregon Statutes 603.010
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • Special education: includes instruction that:

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

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

  • Spousal support order: means a support order for a spouse or former spouse of the obligor. See Oregon Statutes 110.503
  • State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States. See Oregon Statutes 67.005
  • 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: includes a state or territory of the United States, the District of Columbia and New York City. See Oregon Statutes 432.005
  • state government: means the executive department, the judicial department and the legislative department. See Oregon Statutes 174.111
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Supplemental judgment: means a judgment that may be rendered after a general judgment pursuant to a legal authority. 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
  • Teacher: includes all licensed employees in the public schools or employed by an education service district who have direct responsibility for instruction or coordination of educational programs and who are compensated for their services from public funds. See Oregon Statutes 342.120
  • Teaching license: means a license issued under ORS 342. See Oregon Statutes 342.120
  • temporary absence: means a period not exceeding 30 consecutive months. See Oregon Statutes 107.169
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transition services: means a coordinated set of activities for a child with a disability that:

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

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

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

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

  • 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
  • Tribunal: means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage of a child. See Oregon Statutes 110.503
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • 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
  • Unwholesome: means all meats or meat products that are diseased, contaminated, including drug or chemical residue, putrid, unsound, unhealthful or unfit for food. See Oregon Statutes 603.010
  • 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
  • Venue: The geographical location in which a case is tried.
  • Violate: includes failure to comply. See Oregon Statutes 174.100
  • 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
  • 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.
  • Written: means embodied as a document. See Oregon Statutes 60.001