Terms Used In Oregon Statutes > Chapter 180 > Attorney General

• Absent elector: means a person to whom the county clerk has issued a ballot prior to the date that ballots are mailed to electors as provided in ORS § 254. See Oregon Statutes 253.005
• Accessory building or structure: means any portable, demountable or permanent structure, including but not limited to cabanas, ramadas, storage sheds, garages, awnings, carports, decks, steps, ramps, piers and pilings, that is:

  (a) Owned and used solely by a tenant of a manufactured dwelling or floating home; or

  (b) Provided pursuant to a written rental agreement for the sole use of and maintenance by a tenant of a manufactured dwelling or floating home. See Oregon Statutes 90.100

• 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.
• 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.
• Appraisal: A determination of property value.
• Articles of incorporation: means the articles described in ORS § 60. See Oregon Statutes 60.001
• 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: includes an associate member of the Oregon State Bar practicing law within the member's approved scope of practice. See Oregon Statutes 90.100
• Authorized shares: means the shares of all classes that a domestic or foreign corporation is authorized to issue. See Oregon Statutes 60.001
• ballot: includes material posted in a voting compartment or delivered to an elector by mail. See Oregon Statutes 254.005
• 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}
• Candidate: means an individual whose name is or is expected to be printed on the official ballot. See Oregon Statutes 251.005
• CCRC: means any provider that is registered with the Department of Human Services and agrees to furnish continuing care to a resident under a residency agreement. See Oregon Statutes 101.020
• Chief elections officer: means the:

  (a) Secretary of State, regarding a candidate for a state office or an office to be voted on in the state at large or in a congressional district, or a measure to be voted on in the state at large. See Oregon Statutes 254.005

• City: includes any incorporated village or town. See Oregon Statutes 174.100
• City office: means the office of mayor, city auditor, city councillor or municipal judge of a city having a population of 50,000 or more according to the most recent determination made under ORS § 190. See Oregon Statutes 251.005
• Clerk: means the county clerk. See Oregon Statutes 253.005
• Closed bed long term care facility: means a licensed long term care facility in a continuing care retirement community that is used exclusively by individuals receiving long term care services under a residency agreement. See Oregon Statutes 101.020
• Community learning center: means a school-based or school-linked program providing informal meeting places and coordination for community activities, adult education, child care, information and referral and other services as described in ORS § 329. See Oregon Statutes 329.007
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conduct: means the commission of an act or the failure to act. See Oregon Statutes 90.100
• County clerk: means the county clerk or the county official in charge of elections. See Oregon Statutes 250.005
• County clerk: means the county clerk or the county official in charge of elections. See Oregon Statutes 251.005
• County clerk: means the county clerk or the county official in charge of elections. See Oregon Statutes 253.005
• County clerk: means the county clerk or the county official in charge of elections. See Oregon Statutes 254.005
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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.
• Drug and alcohol free housing: means a dwelling unit described in ORS § 90. See Oregon Statutes 90.100
• Elector: means an individual qualified to vote under section 2, Article II, Oregon Constitution. See Oregon Statutes 250.005
• Elector: means an individual qualified to vote under section 2, Article II, Oregon Constitution. See Oregon Statutes 251.005
• Elector: means an individual qualified to vote under section 2, Article II, Oregon Constitution. See Oregon Statutes 253.005
• Elector: means an individual qualified to vote under section 2, Article II, Oregon Constitution. See Oregon Statutes 254.005
• 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.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Fee: means a nonrefundable payment of money. See Oregon Statutes 90.100
• 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.
• Fixed term tenancy: means a tenancy that has a fixed term of existence, continuing to a specific ending date and terminating on that date without requiring further notice to effect the termination. See Oregon Statutes 90.100
• Floating home: has the meaning given that term in ORS § 830. See Oregon Statutes 90.100
• 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.
• 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
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• 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.
• Informal dispute resolution: includes voluntary consultation between the landlord or landlord's agent and one or more tenants or voluntary mediation utilizing the services of a third party, but does not include mandatory mediation or arbitration. See Oregon Statutes 90.100
• 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}
• 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.
• 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.
• Landlord: includes a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement. See Oregon Statutes 90.100
• 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.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Living unit: means a room, apartment, cottage or other area set aside for the exclusive use of the resident. See Oregon Statutes 101.020
• Major political party: means a political party that has qualified as a major political party under ORS § 248. See Oregon Statutes 254.005
• Manufactured dwelling: includes an accessory building or structure. See Oregon Statutes 90.100
• Measure: includes any of the following submitted to the people for their approval or rejection at an election:

  (a) A proposed law. See Oregon Statutes 250.005

• Measure: includes any of the following submitted to the people for their approval or rejection at an election:

  (a) A proposed law. See Oregon Statutes 251.005

• Measure: includes any of the following submitted to the people for their approval or rejection at an election:

  (a) A proposed law. See Oregon Statutes 254.005

• Minor political party: means a political party that has qualified as a minor political party under ORS § 248. See Oregon Statutes 254.005
• Month-to-month tenancy: means a tenancy that automatically renews and continues for successive monthly periods on the same terms and conditions originally agreed to, or as revised by the parties, until terminated by one or both of the parties. See Oregon Statutes 90.100
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Oath: A promise to tell the truth.
• 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.
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Parents: means parents or guardians of students who are covered by this chapter. See Oregon Statutes 329.007
• Person: includes an individual or organization. See Oregon Statutes 90.100
• Person: means an individual or entity. See Oregon Statutes 60.001
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Prospective petition: means the information, except signatures and other identification of petition signers, required to be contained in a completed petition. See Oregon Statutes 250.005
• Prospective petition: means the information, except signatures and other identification of petition signers, required to be contained in a completed petition. See Oregon Statutes 254.005
• public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
• Public charter school: has the meaning given that term in ORS § 338. See Oregon Statutes 329.007
• Quorum: The number of legislators that must be present to do business.
• Recreational vehicle: has the meaning given that term in ORS § 174. See Oregon Statutes 90.100
• Recreational vehicle park: has the meaning given that term in ORS § 197. See Oregon Statutes 90.100
• 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.
• Rent: means any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others and to use the premises. See Oregon Statutes 90.100
• 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.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Security deposit: means a refundable payment or deposit of money, however designated, the primary function of which is to secure the performance of a rental agreement or any part of a rental agreement. See Oregon Statutes 90.100
• 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.
• Sexual orientation: means an individual's actual or perceived heterosexuality, homosexuality or bisexuality. See Oregon Statutes 174.100
• 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
• Squatter: means a person occupying a dwelling unit who is not so entitled under a rental agreement or who is not authorized by the tenant to occupy that dwelling unit. See Oregon Statutes 90.100
• 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.
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Summons: Another word for subpoena used by the criminal justice system.
• Surrender: means an agreement, express or implied, as described in ORS § 90. See Oregon Statutes 90.100
• Teacher: means any licensed employee of a school district who has direct responsibility for instruction, coordination of educational programs or supervision of students and who is compensated for such services from public funds. See Oregon Statutes 329.007
• 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.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
• Vacation occupancy: means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that:

  (a) Has all of the following characteristics:

  (A) The occupant rents the unit for vacation purposes only, not as a principal residence;

  (B) The occupant has a principal residence other than at the unit; and

  (C) The period of authorized occupancy does not exceed 45 days; or

  (b) Is for the rental of a space in a recreational vehicle park on which a recreational vehicle owned by the occupant will be located and for which:

  (A) The occupant rents the unit for vacation purposes only, not as a principal residence;

  (B) The occupant has a principal residence other than at the space;

  (C) The period of authorized occupancy does not exceed 90 days;

  (D) The recreational vehicle is required to be removed from the park at the end of the occupancy period before a new occupancy may begin; and

  (E) A written agreement is signed by the occupant that substantially states: 'Your occupancy of this recreational vehicle park is a vacation occupancy and is NOT subject to the Oregon Residential Landlord and Tenant Act (ORS Chapter 90). See Oregon Statutes 90.100

• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• Violate: includes failure to comply. See Oregon Statutes 174.100
• Week-to-week tenancy: means a tenancy that has all of the following characteristics:

  (a) Occupancy is charged on a weekly basis and is payable no less frequently than every seven days;

  (b) There is a written rental agreement that defines the landlord's and the tenant's rights and responsibilities under this chapter; and

  (c) There are no fees or security deposits, although the landlord may require the payment of an applicant screening charge, as provided in ORS § 90. See Oregon Statutes 90.100