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Terms Used In Oregon Statutes > Chapter 94 - Real Property Development

  • Action: means any proceeding commenced in a court in which the court may render a judgment. See Oregon Statutes 18.005
  • 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
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means any state board, commission, department, or division thereof, or officer authorized by law to make rules or to issue orders, except those in the legislative and judicial branches. See Oregon Statutes 183.310
  • Agency: means any department, agency or commission of the State of Oregon. See Oregon Statutes 367.010
  • Agreement for exchange of interest rates: means a contract, or an option or forward commitment to enter into a contract, for the exchange of interest rates that provides for:

    (a) Payments based on levels of or changes in interest rates; or

    (b) Provisions to hedge payment, rate, spread or similar exposure including, but not limited to, an interest rate floor or cap or an option, put or call. See Oregon Statutes 286A.001

  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Any other state: includes any state and the District of Columbia. See Oregon Statutes 174.100
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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
  • Applicant: means any person or group that develops and submits a written proposal for a public charter school to a sponsor. See Oregon Statutes 338.005
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Approved educator preparation program: means a licensure program that:

    (a) Prepares persons to become educators in any grade from preprimary through grade 12;

    (b) Is offered by an approved educator preparation provider; and

    (c) Meets the standards of the Teacher Standards and Practices Commission, as provided by ORS § 342. See Oregon Statutes 342.120

  • 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 organization: means the document described in ORS § 63. See Oregon Statutes 63.001
  • Assessment: means any charge imposed or levied by the association of unit owners on or against a unit owner or unit pursuant to provisions of the declaration or the bylaws of the condominium or provisions of this chapter. See Oregon Statutes 100.005
  • Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • association: means the association provided for under ORS § 100. See Oregon Statutes 100.005
  • Association property: means any real property or interest in real property acquired, held or possessed by the association provided for under ORS § 100. See Oregon Statutes 100.005
  • Assumed business name: includes a name that a person uses to identify a business that incorporates a word or phrase that suggests the existence of additional owners, such as 'Company,' '& Company,' '& Daughters,' '& Associates,' or a similar word or phrase, unless the name is the real and true name of the person that carries on, conducts or transacts the business. See Oregon Statutes 648.005
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authorized shares: means the shares of all classes that a domestic or foreign corporation is authorized to issue. See Oregon Statutes 60.001
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • 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.
  • Best interest: means that:

    (a) The individual is physically capable of procreating;

    (b) The individual is likely to engage in sexual activity at the present or in the near future under circumstances likely to result in pregnancy;

    (c) All less drastic alternative contraceptive methods, including supervision, education and training, have proved unworkable or inapplicable, or are medically contraindicated;

    (d) The proposed method of sterilization conforms with standard medical practice, is the least intrusive method available and appropriate, and can be carried out without unreasonable risk to the life and health of the individual; and

    (e) The nature and extent of the individual's disability, as determined by empirical evidence and not solely on the basis of standardized tests, renders the individual permanently incapable of caring for and raising a child, even with reasonable assistance. See Oregon Statutes 436.205

  • Blanket encumbrance: means a trust deed or mortgage or any other lien or encumbrance, mechanic's lien or otherwise, securing or evidencing the payment of money and affecting more than one unit in a condominium, or an agreement affecting more than one such unit by which the developer holds such condominium under an option, contract to sell or trust agreement. See Oregon Statutes 100.005
  • Board: means the State Marine Board. See Oregon Statutes 830.005
  • Board: means the Oregon Health and Science University Board of Directors established under ORS § 353. See Oregon Statutes 353.010
  • 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
  • Bond: means a contractual undertaking or an instrument to borrow money including, but not limited to, a bond, a note, an obligation, a loan agreement, a financing lease, a financing agreement or other similar instrument or agreement. See Oregon Statutes 367.010
  • Bond debt service: means payment of:

    (a) Principal, interest, premium, if any, or purchase price of a bond;

    (b) Amounts due to a credit enhancement provider, trustee, paying agent, commercial paper dealer or remarketing agent authorized by this chapter;

    (c) Amounts necessary to fund bond debt service reserves; and

    (d) Amounts due under an agreement for exchange of interest rates if designated by the State Treasurer or the Department of Transportation. See Oregon Statutes 367.010

  • Building: means a multiple-unit building or single-unit buildings, or any combination thereof, comprising a part of the property. See Oregon Statutes 100.005
  • 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
  • Certificate: means an authority issued to a for-hire carrier under ORS § 825. See Oregon Statutes 825.005
  • Chambers: A judge's office.
  • charging station: means a facility designed to deliver electrical current for the purpose of charging one or more electric motor vehicles. See Oregon Statutes 100.005
  • 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.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Child with a disability: means a school-age child who is entitled to a free appropriate public education as specified by ORS § 339. See Oregon Statutes 343.035
  • Class I all-terrain vehicle: has the meaning given that term in ORS § 801. See Oregon Statutes 390.550
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • 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
  • 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 Transportation Commission. See Oregon Statutes 366.005
  • Commission: means the State Parks and Recreation Commission. See Oregon Statutes 390.005
  • Commission: means the Oregon Wheat Commission. See Oregon Statutes 578.010
  • Commission licensee: means a person whom the Teacher Standards and Practices Commission has the authority to investigate or discipline because the person:

    (a) Is enrolled in an approved educator preparation program;

    (b) Is an applicant for a Teacher Standards and Practices Commission license or registration;

    (c) Holds a license or registration issued by the Teacher Standards and Practices Commission; or

    (d) Has held a license or registration issued by the Teacher Standards and Practices Commission at any time during the previous five years. See Oregon Statutes 342.120

  • Commissioner: means the Real Estate Commissioner. See Oregon Statutes 100.005
  • Common elements: means the general common elements and the limited common elements. See Oregon Statutes 100.005
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Community health worker: means an individual who meets qualification criteria adopted by the authority under ORS § 414. See Oregon Statutes 414.025
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • condominium unit: means a part of the property which:

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

  • 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.
  • Contested case: means a proceeding before an agency:

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

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

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

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

  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contribution: means anything of value that a person contributes to the limited liability company as a prerequisite for or in connection with membership including cash, property or services rendered or a promissory note or other binding obligation to contribute cash or property or to perform services. See Oregon Statutes 63.001
  • Conversion condominium: means real property that a declarant intends to submit to the condominium form of ownership under this chapter on which there is a building, improvement or structure that was occupied prior to any negotiation and that is:

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

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

  • Conviction: A judgement of guilt against a criminal defendant.
  • Coordinated care organization: means an organization meeting criteria adopted by the Oregon Health Authority under ORS § 414. See Oregon Statutes 414.025
  • Council: means the Oregon Beef Council. See Oregon Statutes 577.110
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County: means the county in which the district, or the greatest length of highway to be illuminated, is located. See Oregon Statutes 372.010
  • County board: means board of county commissioners or county court of a county. See Oregon Statutes 372.010
  • county court: includes board of county commissioners. See Oregon Statutes 382.005
  • 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
  • Credit enhancement: means a credit enhancement device, as defined in ORS § 286A. See Oregon Statutes 367.010
  • 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
  • Decision: means the decision of the hearing officer. See Oregon Statutes 343.035
  • Declarant: means a person who records a declaration under ORS § 100. See Oregon Statutes 100.005
  • Declaration: means the instrument described in ORS § 100. See Oregon Statutes 100.005
  • Department: means the Department of Transportation. See Oregon Statutes 366.005
  • Department: means the Department of Transportation. See Oregon Statutes 825.005
  • 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
  • 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
  • Developer: means a declarant or any person that acquires an interest in a condominium from declarant, successor declarant or subsequent developer for the primary purpose of resale. See Oregon Statutes 100.005
  • Devise: To gift property by will.
  • Director: means the Director of Transportation. See Oregon Statutes 366.005
  • Director: means the State Parks and Recreation Director. See Oregon Statutes 390.005
  • Director: means the Director of Agriculture. See Oregon Statutes 577.110
  • Director: means the Director of Agriculture. See Oregon Statutes 578.010
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Disease: means pests, disease or any condition affecting bees or their brood. See Oregon Statutes 602.010
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distribution: means a direct or indirect transfer of money or other property, except of a corporation's own shares, or a corporation's incurrence of indebtedness to or for the benefit of the corporation's shareholders in respect of any of the corporation's shares, in the form of a declaration or payment of a dividend, a purchase, redemption or other acquisition of shares, a distribution of indebtedness, or otherwise. See Oregon Statutes 60.001
  • Distribution: means a direct or indirect transfer of money or other property, except of a limited liability company's own interests, or a limited liability company's incurrence of indebtedness to or for the benefit of the limited liability company's members in respect of a member's interests, whether in the form of a declaration or payment of profits, a purchase, retirement or other acquisition of interests, a distribution of indebtedness, or otherwise. See Oregon Statutes 63.001
  • District: means a highway lighting district formed under this chapter. See Oregon Statutes 372.010
  • Docket: A log containing brief entries of court proceedings.
  • domestic professional corporation: means a corporation organized under this chapter for the specific purpose of rendering professional service or services and for such other purposes provided under this chapter. See Oregon Statutes 58.015
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Dower: A widow
  • 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 meeting: means a meeting that is conducted through telephone, teleconference, video conference, web conference or any other live electronic means where at least one participant is not physically present. See Oregon Statutes 100.005
  • 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, wildfire, 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

  • Emergency service agency: means an organization within a local government that performs essential services for the public's benefit before, during or after an emergency, such as law enforcement, fire control, health, medical and sanitation services, public works and engineering, public information and communications. See Oregon Statutes 401.025
  • Emergency services: means activities engaged in by state and local government agencies to prepare for an emergency and to prevent, minimize, respond to or recover from an emergency, including but not limited to coordination, preparedness planning, training, interagency liaison, fire fighting, oil or hazardous material spill or release cleanup as defined in ORS § 466. See Oregon Statutes 401.025
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Entity: means a corporation, foreign corporation, nonprofit corporation, profit or nonprofit unincorporated association, business trust, partnership, two or more persons that have a joint or common economic interest, any state, the United States, a federally recognized Native American or American Indian tribal government and any foreign government. See Oregon Statutes 60.001
  • Entity: means a foreign or domestic corporation, foreign or domestic nonprofit corporation, foreign or domestic profit or nonprofit unincorporated association, foreign or domestic business trust, foreign or domestic limited partnership, foreign or domestic general partnership, foreign or domestic limited liability company, two or more persons that have a joint or common economic interest, a state, the United States, a federally recognized Native American or American Indian tribal government or a foreign government. See Oregon Statutes 648.005
  • Equipment: means all machinery, fixtures, containers, vessels, tools, implements and apparatus used in and about an establishment. See Oregon Statutes 603.010
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • exchange: means an American Health Benefit Exchange described in 42 U. See Oregon Statutes 414.025
  • executed by the association: means signed by the secretary and the president or chairperson of the association. See Oregon Statutes 100.005
  • 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.
  • 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.
  • 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.
  • Final order: means final agency action expressed in writing. See Oregon Statutes 183.310
  • Financial institution: means a banking institution, a financial institution or a non-Oregon institution, as those terms are defined in ORS § 706. See Oregon Statutes 367.010
  • 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: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Flexible condominium: means a condominium containing variable property that may be redesignated, reclassified or withdrawn from the condominium pursuant to ORS § 100. See Oregon Statutes 100.005
  • Foreign professional corporation: means a professional corporation organized under laws other than the laws of this state. See Oregon Statutes 58.015
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gender identity: means an individual's gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth. See Oregon Statutes 174.100
  • General obligation bond: means a bond that constitutes indebtedness of the state under section 7, Article XI of the Oregon Constitution, and that is exempt from the $50,000 limitation on indebtedness set forth in that section. See Oregon Statutes 286A.001
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • 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
  • Governing document: means articles of incorporation, bylaws, a declaration or a rule, regulation or resolution that was properly adopted by the association of unit owners or any other instrument or plat relating to common ownership or common maintenance of a portion of a condominium that is binding upon units within the condominium. See Oregon Statutes 100.005
  • 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,
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Health services: means at least so much of each of the following as are funded by the Legislative Assembly based upon the prioritized list of health services compiled by the Health Evidence Review Commission under ORS § 414. See Oregon Statutes 414.025
  • Hearing officer: includes an administrative law judge. See Oregon Statutes 183.310
  • Highway: means every public way, road, street, thoroughfare and place, including bridges, viaducts and other structures within the boundaries of this state, open, used or intended for use of the general public for vehicles or vehicular traffic as a matter of right. See Oregon Statutes 366.005
  • Highway: means any road or way open to public travel. See Oregon Statutes 372.010
  • Highway fund: means the State Highway Fund. See Oregon Statutes 366.005
  • 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
  • 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
  • Income: has the meaning given that term in ORS § 411. See Oregon Statutes 414.025
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Individual: means a natural person 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
  • Informed consent: means consent given by an individual 15 years of age or older for sterilization that is:

    (a) Based upon a full understanding of the nature and consequences of sterilization pursuant to information requirements set forth in ORS § 436. See Oregon Statutes 436.205

  • Infrastructure assistance: means any use of moneys in the Oregon Transportation Infrastructure Fund, other than an infrastructure loan, to provide financial assistance for transportation projects. See Oregon Statutes 367.010
  • Infrastructure bonds: means bonds authorized by ORS § 367. See Oregon Statutes 367.010
  • Infrastructure fund: means the Oregon Transportation Infrastructure Fund. See Oregon Statutes 367.010
  • Infrastructure loan: means a loan of moneys in the infrastructure fund to finance a transportation project. See Oregon Statutes 367.010
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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

  • Inter vivos: Transfer of property from one living person to another living person.
  • interest or estate: includes a lessee's interest in a unit for more than three years or less than three years if the interest may be renewed under the terms of the lease for a total period of more than three years. See Oregon Statutes 100.005
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Intestate: Dying without leaving a will.
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • 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 resolution: A legislative measure which requires the approval of both chambers.
  • 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
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Leasehold: means the interest of a person, firm or corporation that is the lessee under a lease from the owner in fee and that files a declaration creating a condominium under ORS § 100. See Oregon Statutes 100.005
  • Legacy: A gift of property made by will.
  • Legal 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).
  • Length: means the length of a boat measured from end to end over the deck excluding sheer. See Oregon Statutes 830.005
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: includes a license, certificate of registration, permit or other legal authorization required by law as a condition precedent to the rendering of professional service or services within this state. See Oregon Statutes 58.015
  • Limited common elements: means those common elements designated in the declaration, as reserved for the use of a certain unit or number of units, to the exclusion of the other units. See Oregon Statutes 100.005
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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
  • majority of unit owners: means more than 50 percent of the voting rights allocated to the units by the declaration. See Oregon Statutes 100.005
  • Manager: means a person, not necessarily a member, that the members of a manager-managed limited liability company designate to manage the limited liability company's business and affairs. See Oregon Statutes 63.001
  • Manager-managed limited liability company: means a limited liability company that is designated as a manager-managed limited liability company in the limited liability company's articles of organization or the articles of organization of which otherwise expressly provide that a manager will manage the limited liability company. See Oregon Statutes 63.001
  • 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
  • Member: means a person with both an ownership interest in a limited liability company and all the rights and obligations of a member specified under this chapter. See Oregon Statutes 63.001
  • Member-managed limited liability company: means a limited liability company other than a manager-managed limited liability company. See Oregon Statutes 63.001
  • Membership interest: means a member's collective rights in a limited liability company, including the member's share of profits and losses of the limited liability company, the right to receive distributions of the limited liability company's assets and any right to vote or participate in management. See Oregon Statutes 63.001
  • Mental health drug: means a type of legend drug, as defined in ORS § 414. See Oregon Statutes 414.025
  • Mortgagee: means any person who is:

    (a) A mortgagee under a mortgage;

    (b) A beneficiary under a trust deed; or

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

  • 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
  • Municipality: means a city, county, road district, school district, special district, metropolitan service district, the Port of Portland or an intergovernmental entity organized under ORS § 190. See Oregon Statutes 367.010
  • Negotiation: means any activity preliminary to the execution by either developer or purchaser of a unit sales agreement, including but not limited to advertising, solicitation and promotion of the sale of a unit. See Oregon Statutes 100.005
  • 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
  • Nonwithdrawable variable property: means property which pursuant to ORS § 100. See Oregon Statutes 100.005
  • 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.
  • Operate: means to navigate or otherwise use a boat. See Oregon Statutes 830.005
  • Operating agreement: means any valid agreement, written or oral, of the member or members as to the affairs of a limited liability company and the conduct of the limited liability company's business. See Oregon Statutes 63.001
  • 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
  • Order: includes any agency determination or decision issued in connection with a contested case proceeding. See Oregon Statutes 183.310
  • Oregon Health and Science University: means the Oregon Health and Science University public corporation created under ORS § 353. See Oregon Statutes 353.010
  • Other services: means those services that may be provided to preschool children with disabilities and to their families that are not early childhood special education or early intervention services and are not paid for with early childhood special education or early intervention funds. See Oregon Statutes 343.035
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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
  • 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
  • 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
  • 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
  • percentage of owners: means the percent of the voting rights determined under ORS § 100. See Oregon Statutes 100.005
  • Permit: means an authority issued to a carrier under ORS § 825. See Oregon Statutes 825.005
  • Person: means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than an agency. See Oregon Statutes 183.310
  • Person: means an individual or entity. See Oregon Statutes 60.001
  • Person: means an individual or entity. See Oregon Statutes 63.001
  • 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 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
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • 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
  • 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
  • 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
  • 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
  • Professional service: means personal service or services rendered in this state to the public which may be lawfully rendered only pursuant to a license by a professional. See Oregon Statutes 58.015
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
  • Public charter school: means an elementary or secondary school offering a comprehensive instructional program operating under a written agreement entered into between a sponsor and an applicant and operating pursuant to this chapter. See Oregon Statutes 338.005
  • Public corporation: means an entity that is created by the state to carry out public missions and services. See Oregon Statutes 353.010
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • public notice: means any legal publication which requires an affidavit of publication as required in ORS § 193. See Oregon Statutes 174.104
  • Purchaser: means an actual or prospective purchaser of a condominium unit pursuant to a sale. See Oregon Statutes 100.005
  • Quorum: The number of legislators that must be present to do business.
  • Recorded: means to cause to be recorded by the county officer in the real property records for each county in which the condominium is located. See Oregon Statutes 100.005
  • Recording officer: means the county officer charged with the duty of filing and recording deeds and mortgages or any other instruments or documents affecting the title to real property. See Oregon Statutes 100.005
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Registrant: means a person for which the Secretary of State has registered an application filed under ORS § 648. See Oregon Statutes 648.005
  • Regulatory board: means the governmental agency of the State of Oregon required or authorized by law to license and regulate the rendering of a professional service or services for which a professional corporation is organized. See Oregon Statutes 58.015
  • Related agency: means the state agency that requests the State Treasurer to issue bonds pursuant to ORS § 286A. See Oregon Statutes 286A.001
  • 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

  • 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.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Reservation agreement: means an agreement relating to the future sale of a unit which is not binding on the purchaser and which grants purchaser the right to cancel the agreement without penalty and obtain a refund of any funds deposited at any time until purchaser executes a unit sales agreement. See Oregon Statutes 100.005
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Rule: means any agency directive, standard, regulation or statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of any agency. See Oregon Statutes 183.310
  • Sale: means any disposition or transfer of a condominium unit, or an interest or estate therein, by a developer, including the offering of the property as a prize or gift when a monetary charge or consideration for whatever purpose is required by the developer. See Oregon Statutes 100.005
  • 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 or bisexuality. See Oregon Statutes 174.100
  • Share: means a unit into which the proprietary interest in a corporation is divided. See Oregon Statutes 60.001
  • Shareholder: means a person in whose name a share is registered in the records of a corporation or the beneficial owner of a share to the extent of the rights granted by a nominee certificate on file with a corporation. See Oregon Statutes 60.001
  • Slaughterhouse: means an establishment wherein meat animals are slaughtered. See Oregon Statutes 603.010
  • Small business: means a corporation, partnership, sole proprietorship or other legal entity formed for the purpose of making a profit, which is independently owned and operated from all other businesses and which has 50 or fewer employees. See Oregon Statutes 183.310
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • Special declarant right: means any right, in addition to the regular rights of the declarant as a unit owner, reserved for the benefit of or created by the declarant under the declaration, bylaws or the provisions of this chapter. See Oregon Statutes 100.005
  • Special 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

  • special government body: means any of the following:

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

  • Staged condominium: means a condominium that provides for annexation of additional property pursuant to ORS § 100. See Oregon Statutes 100.005
  • state government: means the executive department, the judicial department and the legislative department. See Oregon Statutes 174.111
  • State highway: means any road or highway designated as such by law or by the Oregon Transportation Commission pursuant to law and includes both primary and secondary state highways. See Oregon Statutes 366.005
  • State Treasury: includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. See Oregon Statutes 174.100
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Sterilization: means any medical procedure, treatment or operation for the purpose of rendering an individual permanently incapable of procreating. See Oregon Statutes 436.205
  • Subpoena: A command to a witness to appear and give testimony.
  • Successor declarant: means the transferee of any special declarant right. See Oregon Statutes 100.005
  • Summons: Another word for subpoena used by the criminal justice system.
  • 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
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Termination date: means that date described in ORS § 100. See Oregon Statutes 100.005
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • 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

  • Transitional committee: means the committee provided for under ORS § 100. See Oregon Statutes 100.005
  • Transportation project: means any project or undertaking that facilitates any mode of transportation within this state. See Oregon Statutes 367.010
  • 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.
  • Tribal traditional health worker: means an individual who meets qualification criteria adopted by the authority under ORS § 414. See Oregon Statutes 414.025
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Turnover meeting: means the meeting provided for under ORS § 100. See Oregon Statutes 100.005
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Unit designation: means the number, letter or combination thereof designating a unit in the declaration and on the plat. See Oregon Statutes 100.005
  • 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
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Variable property: means property described in ORS § 100. See Oregon Statutes 100.005
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • 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 rights: means the portion of the votes allocated to a unit by the declaration in accordance with ORS § 100. See Oregon Statutes 100.005
  • 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
  • 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