Terms Used In California Codes > Streets and Highways Code > Division 14 > Part 4 - THE HIGHWAY LIGHTING DISTRICT ACT

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Appointee: means the person in whose favor a power of appointment is exercised. See California Probate Code 610
• Appointive property: means the property or interest in property that is the subject of the power of appointment. See California Probate Code 610
• Appraisal: A determination of property value.
• Association: means any corporation organized under this part. See California Corporations Code 13202
• at-death transfer: means a transfer that is revocable during the lifetime of the transferor, but does not include a joint tenancy or joint account with right of survivorship. See California Probate Code 21104
• 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.
• Beneficiary: means a person to whom a donative transfer of property is made or that person's successor in interest, and:

  California Probate Code 24

• board: means the board of directors of the district unless the context clearly indicates otherwise. See California Streets and Highways Code 27002
• Child: means any individual entitled to take as a child under this code by intestate succession from the parent whose relationship is involved. See California Probate Code 26
• Children with exceptional needs: means either of the following:

  California Welfare and Institutions Code 10213.5

• City: includes "city and county" and "incorporated town. See California Streets and Highways Code 15
• commission: means the California Transportation Commission. See California Streets and Highways Code 22
• Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife.
• Community property: means :

  California Probate Code 28

• Conservatee: includes a limited conservatee. See California Probate Code 29
• Construction: includes :

  California Streets and Highways Code 29

• Continuance: Putting off of a hearing ot trial until a later time.
• Cost: includes , but is not limited to, expenditures that are related to the operation of childcare and development programs. See California Welfare and Institutions Code 10213.5
• County: includes "city and county. See California Streets and Highways Code 14
• County: includes "city and county. See California Welfare and Institutions Code 14
• Creating instrument: means the deed, will, trust, or other writing or document that creates or reserves the power of appointment. See California Probate Code 610
• custody: means the legal right to custody of the child unless that right is held jointly by two or more persons, in which case "custody" means the physical custody of the child by one of the persons sharing the right to custody. See California Welfare and Institutions Code 17.1
• Department: means the Department of Transportation of this state. See California Streets and Highways Code 20
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Devise: when used as a noun, means a disposition of real or personal property by will, and, when used as a verb, means to dispose of real or personal property by will. See California Probate Code 32
• Devise: To gift property by will.
• Devisee: means any person designated in a will to receive a devise. See California Probate Code 34
• Diagnosed mental disorder: includes a congenital or acquired condition affecting the emotional or volitional capacity that predisposes the person to the commission of criminal sexual acts in a degree constituting the person a menace to the health and safety of others. See California Welfare and Institutions Code 6600
• Director: means the director of the department. See California Streets and Highways Code 21
• district: means a bridge and highway district unless the context clearly indicates otherwise. See California Streets and Highways Code 27001
• Domestic partner: means one of two persons who have filed a Declaration of Domestic Partnership with the Secretary of State pursuant to Division 2. See California Probate Code 37
• Donee: The recipient of a gift.
• Donor: means the person who creates or reserves a power of appointment. See California Probate Code 610
• 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}
• Estate: as used in this part shall include a decedent's probate estate and all property held in any revocable trust that becomes irrevocable on the death of the decedent. See California Probate Code 21601
• Executor: A male person named in a will to carry out the decedent
• Family allowance: means an allowance provided for in Chapter 4 (commencing with Section 6540) of Part 3 of Division 6. See California Probate Code 38
• Fiduciary: means personal representative, trustee, guardian, conservator, attorney-in-fact under a power of attorney, custodian under the California Uniform Transfer To Minors Act (Part 9 (commencing with Section 3900) of Division 4), or other legal representative subject to this code. See California Probate Code 39
• Fiduciary: A trustee, executor, or administrator.
• Fishery products: includes fish, crustaceans, mollusks, and marine products for human consumption. See California Corporations Code 13202
• 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}
• Grantor: The person who establishes a trust and places property into it.
• 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.
• Heir: means any person, including the surviving spouse, who is entitled to take property of the decedent by intestate succession under this code. See California Probate Code 44
• highway: includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance. See California Streets and Highways Code 23
• 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}
• Inter vivos: Transfer of property from one living person to another living person.
• interested person: includes any of the following:

  California Probate Code 48

• Internal Revenue Code: means the Internal Revenue Code of 1986, as amended from time to time. See California Probate Code 21500
• Intestate: Dying without leaving a will.
• 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.
• Local educational agency: means a school district, a county office of education, a community college district, or a school district acting on behalf of one or more schools within the school district. See California Welfare and Institutions Code 10213.5
• maintenance: includes any of the following:

  California Streets and Highways Code 27

• Marital deduction: means the federal estate tax deduction allowed for transfers under Section 2056 of the Internal Revenue Code or the federal gift tax deduction allowed for transfers under Section 2523 of the Internal Revenue Code. See California Probate Code 21520
• Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
• Marital deduction gift: means a transfer of property that is intended to qualify for the marital deduction. See California Probate Code 21520
• Member: includes members of associations without capital stock and holders of common stock in associations organized with shares of stock. See California Corporations Code 13202
• Oath: A promise to tell the truth.
• Parent: means any individual entitled to take as a parent under this code by intestate succession from the child whose relationship is involved. See California Probate Code 54
• Parent: means a biological parent, stepparent, adoptive parent, foster parent, caretaker relative, or any other adult living with a child who has responsibility for the care and welfare of the child. See California Welfare and Institutions Code 10213.5
• Permissible appointee: means a person in whose favor a power of appointment can be exercised. See California Probate Code 610
• Person: means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust. See California Streets and Highways Code 19
• 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.
• Power of appointment: means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. See California Probate Code 610
• 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}
• Powerholder: means the person to whom a power of appointment is given or in whose favor a power of appointment is reserved. See California Probate Code 610
• Predatory: means an act is directed toward a stranger, a person of casual acquaintance with whom no substantial relationship exists, or an individual with whom a relationship has been established or promoted for the primary purpose of victimization. See California Welfare and Institutions Code 6600
• Predeceased spouse: means a person who died before the decedent while married to the decedent, except that the term does not include any of the following:

  California Probate Code 59

• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• public body: means a city or special district as defined in §. See California Streets and Highways Code 8345
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Quasi-community property: means the following property, other than community property as defined in Section 28:

  California Probate Code 66

• Real property: includes a leasehold interest in real property. See California Probate Code 68
• Recent overt act: means any criminal act that manifests a likelihood that the actor may engage in sexually violent predatory criminal behavior. See California Welfare and Institutions Code 6600
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Resource and referral programs: means programs that provide information to parents, including referrals and coordination of community resources for parents and public or private providers of care. See California Welfare and Institutions Code 10213.5
• Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
• Service of process: The service of writs or summonses to the appropriate party.
• Sexually violent offense: means the following acts when committed by force, violence, duress, menace, fear of immediate and unlawful bodily injury on the victim or another person, or threatening to retaliate in the future against the victim or any other person, and that are committed on, before, or after the effective date of this article and result in a conviction or a finding of not guilty by reason of insanity, as defined in subdivision (a): a felony violation of Section 261, 262, 264. See California Welfare and Institutions Code 6600
• Sexually violent predator: means a person who has been convicted of a sexually violent offense against one or more victims and who has a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that he or she will engage in sexually violent criminal behavior. See California Welfare and Institutions Code 6600
• Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72
• State highway: means any highway which is acquired, laid out, constructed, improved or maintained as a State highway pursuant to constitutional or legislative authorization. See California Streets and Highways Code 24
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subpoena: A command to a witness to appear and give testimony.
• subscription: includes mark when the signer or subscriber can not write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name. See California Streets and Highways Code 18
• 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.
• Transferee: means the beneficiary, donee, or other recipient of an interest transferred by an instrument. See California Probate Code 81.5
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Verdict: The decision of a petit jury or a judge.
• waiver: means a waiver by the surviving spouse of any of the rights listed in subdivision (a) of Section 141, whether signed before or during marriage. See California Probate Code 140