Washington Code > Chapter 4.08 – Parties to actions
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Terms Used In Washington Code > Chapter 4.08 - Parties to actions
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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.
- Annual report: means the report required by RCW 23. See Washington Code 23.95.105
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appraisal: A determination of property value.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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.
- 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.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Business corporation: means a domestic business corporation incorporated under or subject to Title 23B RCW or a foreign business corporation. See Washington Code 23.95.105
- Commercial registered agent: means a person listed under RCW 23. See Washington Code 23.95.105
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dependent: A person dependent for support upon another.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Electronic transmission: means an electronic communication:
Washington Code 23.95.105Entitlement: 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 :
Washington Code 23.95.105Entity filing: means a record delivered to the secretary of state for filing pursuant to this chapter. See Washington Code 23.95.105 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 Escrow: Money given to a third party to be held for payment until certain conditions are met. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. executed: means with present intent to authenticate or adopt a record:
Washington Code 23.95.105Executor: A male person named in a will to carry out the decedent Fiduciary: A trustee, executor, or administrator. Filed record: means a record filed by the secretary of state pursuant to this chapter. See Washington Code 23.95.105 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. Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC Fraud: Intentional deception resulting in injury to another. General cooperative association: means a domestic general cooperative association formed under or subject to chapter 23. See Washington Code 23.95.105 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governor: means :
Washington Code 23.95.105Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. 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 Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes. Inter vivos: Transfer of property from one living person to another living person. Interest: means :
Washington Code 23.95.105Interest holder: means :
Washington Code 23.95.105Jurisdiction: when used to refer to a political entity, means the United States, a state, a foreign country, or a political subdivision of a foreign country. See Washington Code 23.95.105 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Jurisdiction of formation: means the jurisdiction whose law includes the organic law of an entity. See Washington Code 23.95.105 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 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Limited cooperative association: means a domestic limited cooperative association formed under or subject to chapter 23. See Washington Code 23.95.105 Limited liability company: means a domestic limited liability company formed under or subject to chapter 25. See Washington Code 23.95.105 Limited liability limited partnership: means a domestic limited liability limited partnership formed under or subject to chapter 25. See Washington Code 23.95.105 Limited liability partnership: means a domestic limited liability partnership registered under or subject to chapter 25. See Washington Code 23.95.105 Limited partnership: includes a limited liability limited partnership. See Washington Code 23.95.105 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. Noncommercial registered agent: means a person that is not a commercial registered agent and is:
Washington Code 23.95.105Nonprofit corporation: means a domestic nonprofit corporation incorporated under or subject to chapter 24. See Washington Code 23.95.105 Nonregistered foreign entity: means a foreign entity that is not registered to do business in this state pursuant to a statement of registration filed by the secretary of state. See Washington Code 23.95.105 Oath: A promise to tell the truth. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Organic law: means the law of an entity's jurisdiction of formation governing the internal affairs of the entity. See Washington Code 23.95.105 Organic rules: means the public organic record and private organic rules of an entity. See Washington Code 23.95.105 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, business corporation, nonprofit corporation, partnership, limited partnership, limited liability company, general cooperative association, limited cooperative association, unincorporated nonprofit association, statutory trust, business trust, common-law business trust, estate, trust, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Washington Code 23.95.105 person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080 Personal property: All property that is not real property. Plaintiff: The person who files the complaint in a civil lawsuit. Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. 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. 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 principal executive office of an entity, whether or not the office is located in this state. See Washington Code 23.95.105 Private organic rules: includes :
Washington Code 23.95.105Proceeding: means civil suit and criminal, administrative, and investigatory action. See Washington Code 23.95.105 Property: means all property, whether real, personal, or mixed or tangible or intangible, or any right or interest therein. See Washington Code 23.95.105 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public organic record: means the record the filing of which by the secretary of state is required to form an entity and any amendment to or restatement of that record. See Washington Code 23.95.105 Quorum: The number of legislators that must be present to do business. Receipt: as used in this chapter , means actual receipt. See Washington Code 23.95.105 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 Washington Code 23.95.105 Registered agent: means an agent of an entity which is authorized to receive service of any process, notice, or demand required or permitted by law to be served on the entity. See Washington Code 23.95.105 Registered foreign entity: means a foreign entity that is registered to do business in this state pursuant to a certificate of registration filed by the secretary of state. See Washington Code 23.95.105 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. 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. Service of process: The service of writs or summonses to the appropriate party. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Washington Code 23.95.105 Statute: A law passed by a legislature. Summons: Another word for subpoena used by the criminal justice system. Tangible medium: means a writing, copy of a writing, facsimile, or a physical reproduction, each on paper or on other tangible material. See Washington Code 23.95.105 Transfer: includes :
Washington Code 23.95.105Trustee: A person or institution holding and administering property in trust. Type of entity: means a generic form of entity:
Washington Code 23.95.105Venue: The geographical location in which a case is tried.