Terms Used In California Codes > Business and Professions Code > Division 6 > Chapter 2 - Model State Trademark Law

• Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
• 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.
• Airborne toxic control measure: means either of the following:

  California Health and Safety Code 39655

• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• authority: means the Prison Industry Authority. See California Penal Code 2800
• 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.
• 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}
• Bequest: Property gifted by will.
• Board: means a local Model Cities resources board. See California Health and Safety Code 36105
• Bond: includes warrant or other evidence of indebtedness. See California Government Code 53460
• Bonds: means bonds, notes, warrants, or other evidence of indebtedness payable, both principal and interest, from the proceeds of ad valorem taxes that may be levied without limitation as to rate or amount upon property subject to taxation by the legislative body. See California Government Code 53507
• Bureau: means the Cemetery and Funeral Bureau. See California Business and Professions Code 7601
• bus: is a ny vehicle, including a trailer bus, designed, used, or maintained for carrying more than 15 persons including the driver. See California Vehicle Code 233
• charity: shall include any person who, or any nonprofit community organization, fraternal, benevolent, educational, philanthropic, or service organization, or governmental employee organization which, solicits or obtains contributions solicited from the public for charitable purposes or holds any assets for charitable purposes. See California Business and Professions Code 17510.2
• city: means a city governed under a freeholders' charter. See California Government Code 51540
• City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
• Commercial user: means any person who deals in full-size or non-full-size cribs of the kind governed by this chapter who otherwise by one's occupation holds oneself out as having knowledge or skill peculiar to the full-size or non-full-size cribs governed by this chapter, or any person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting, or otherwise placing in the stream of commerce full-size or non-full-size cribs. See California Health and Safety Code 24501
• commercial vehicle: is a motor vehicle of a type required to be registered under this code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property. See California Vehicle Code 260
• commission: means the Commission on Judicial Performance provided for in Section 8 of Article VI of the Constitution, "masters" means special masters appointed by the Supreme Court pursuant to rules adopted by the Judicial Council, and "judge" means a judge who is the subject of an investigation or proceeding under Section 18 of Article VI of the Constitution. See California Government Code 68701
• Commission: means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission. See California Fish and Game Code 30
• Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
• 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.
• Construction or alteration: as used in this article includes any construction, reconstruction, or alteration of, or addition to, any school building. See California Education Code 17294
• Coordinator: means the Model Cities Coordinator. See California Health and Safety Code 36105
• costs: includes only the following:

  California Code of Civil Procedure 1297.411

• County: includes "city and county. See California Code of Civil Procedure 17
• County: includes city and county. See California Government Code 19
• County: includes city and county. See California Health and Safety Code 14
• county: includes "city and county". See California Penal Code 7
• County: includes every county and city and county within this State. See California Vehicle Code 270
• County: includes city and county. See California Family Code 67
• Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
• Crib: means a bed or containment designed to accommodate an infant. See California Health and Safety Code 24501
• Decedent: A deceased person.
• Defense attorney: Represent defendants in criminal matters.
• Department: means the Department of Consumer Affairs. See California Business and Professions Code 7601
• Department: means the Department of Justice. See California Business and Professions Code 17511.2
• Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Vehicle Code 290
• 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: To gift property by will.
• Director: means the Director of Consumer Affairs. See California Business and Professions Code 7601
• Director: means "State Director of Health Services. See California Health and Safety Code 21
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• distributor: is a ny person other than a manufacturer who sells or distributes new vehicles subject to registration under this code, new trailers subject to identification pursuant to Section 5014. See California Vehicle Code 296
• Donor: The person who makes a gift.
• driver: is a person who drives or is in actual physical control of a vehicle. See California Vehicle Code 305
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Ex officio: Literally, by virtue of one's office.
• factory-built building: means any building designed or intended for use as a school building which is either wholly manufactured or is in substantial part manufactured at an offsite location in accordance with building standards adopted and approved pursuant to Chapter 4 (commencing with Section 18935) of Part 2. See California Education Code 17350
• Fair market value: means the estimated fair market value of goods, services, facilities or anything of value other than money. See California Government Code 82025.5
• Federal act: means the Clean Air Act (42 U. See California Health and Safety Code 39655
• 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}
• Fiduciary: A trustee, executor, or administrator.
• 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}
• General obligation bonds: means bonds, warrants, notes or other evidence of indebtedness of a local agency payable, both principal and interest, from the proceeds of ad valorem taxes or ad valorem assessments which may be levied without limitation as to rate or amount upon property in the local agency subject to taxation or assessment. See California Government Code 53500
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• 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.
• Highway: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Vehicle Code 360
• 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}
• Infant: means any person less than 35 inches tall and less than three years of age. See California Health and Safety Code 24501
• Inhalation hazard: means any material defined as "Poison A" pursuant to Section 173. See California Vehicle Code 32101
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Issuer: means a city, county, city and county, school district, community college district, or special district, secured by the levy of ad valorem taxes, authorized to issue bonds pursuant to this article. See California Government Code 53507
• Item: means any goods and services, and includes coupon books which are to be used with businesses other than the seller's business. See California Business and Professions Code 17511.2
• 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.
• knowingly: import s only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See California Penal Code 7
• Legatee: A beneficiary of a decedent
• Legislative body: means the legislative body of the local agency as defined in Section 53000. See California Government Code 53500
• Legislative body: means the governing body of the issuer. See California Government Code 53507
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• library trustees: as used in this chapter mean the regularly elected union high school trustees who reside within the library district. See California Education Code 18300
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limousine: means any sedan or sport utility vehicle, of either standard or extended length, with a seating capacity of not more than 10 passengers including the driver, used in the transportation of passengers for hire on a prearranged basis within this state. See California Vehicle Code 378
• Local agency: means county, city, irrigation district, reclamation district, school district, sanitary district, or other municipal or public corporation. See California Government Code 53460
• Local agency: means county, city, city and county, public district, or other public or municipal corporation. See California Government Code 53500
• Maintenance facility or terminal: includes a private business or residence. See California Vehicle Code 34515
• Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
• member of the public: means any person other than a member, agent, officer, or employee of a federal, state, or local agency who is acting within the scope of that membership, agency, office, or employment. See California Government Code 7920.515
• Modified limousine: means any vehicle that has been modified, altered, or extended in a manner that increases the overall wheelbase of the vehicle, exceeding the original equipment manufacturer's published wheelbase dimension for the base model and year of the vehicle, in any amount sufficient to accommodate additional passengers with a seating capacity of not more than 10 passengers including the driver, and is used in the transportation of passengers for hire. See California Vehicle Code 378
• month: means a calendar month, unless otherwise expressed. See California Penal Code 7
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of §. See California Vehicle Code 415
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• Non-full-size crib: means a non-full-size crib as defined in Section 1509. See California Health and Safety Code 24501
• Office: means the Office of Environmental Health Hazard Assessment. See California Health and Safety Code 39655
• Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) ^{Source: OCC}
• order: include a decree, as appropriate under the circumstances. See California Family Code 100
• peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
• Person: means any natural person, firm, corporation, association, or agent or employee thereof. See California Health and Safety Code 24501
• person: includes any individual, partnership, firm, association, or corporation. See California Business and Professions Code 17506
• Person: includes an individual, firm, association, corporation, partnership, joint venture, or any other business entity. See California Business and Professions Code 17511.2
• person: includes any natural person, corporation, partnership, limited liability company, firm, or association. See California Government Code 7920.520
• Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
• Person: includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind. See California Financial Code 18
• Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
• Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
• person: includes a corporation as well as a natural person. See California Penal Code 7
• Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
• Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
• Person: means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. See California Fish and Game Code 67
• Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Code of Civil Procedure 17
• persons: includes corporations, firms, partnerships and associations existing under or authorized by the laws of this State or any other State, or any foreign country. See California Business and Professions Code 16702
• Pesticide: means any economic poison as defined in §. See California Health and Safety Code 39655
• Petitioner: includes plaintiff, where appropriate. See California Family Code 126
• 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.
• Pledge: means pledge, assign, place a charge upon and place a lien upon. See California Government Code 53500
• 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.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• 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: means an owner, an executive officer of a corporation, a general partner of a partnership, a sole proprietor of a sole proprietorship, a trustee of a trust, or any other individual with similar supervisory functions with respect to any person. See California Business and Professions Code 17511.2
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Proceeding: includes an action. See California Family Code 110
• Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
• Property: includes both personal and real property. See California Code of Civil Procedure 17
• property: includes both real and personal property. See California Penal Code 7
• Property: includes real and personal property and any interest therein. See California Family Code 113
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• prospective purchaser: means a person who is solicited to become or does become obligated to a telephonic seller. See California Business and Professions Code 17511.2
• public agency: means any state or local agency. See California Government Code 7920.525
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• 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 records: includes any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. See California Government Code 7920.530
• Quorum: The number of legislators that must be present to do business.
• remission: means a finding that the overt signs and symptoms of the severe mental health disorder are controlled either by psychotropic medication or psychosocial support. See California Penal Code 2962
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Respondent: includes defendant, where appropriate. See California Family Code 127
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Revenue-producing facility: means an improvement, works, system or facility furnishing or providing services or products for which the local agency is authorized to impose a charge. See California Government Code 53500
• sale: shall include a gift made with the hope or expectation of monetary compensation. See California Business and Professions Code 17510.1
• School building: as used in this article means and includes any building used, or designed to be used, for elementary or secondary school purposes and constructed, reconstructed, altered, or added to, by the state or by any city or city and county, or by any political subdivision, or by any school district of any kind within the state, or by any regional occupational center or program created by or authorized to act by an agreement under joint exercise of power, or by the United States government, or any agency thereof. See California Education Code 17283
• School building: as used in this article shall be limited to any physical structure capable of being occupied by pupils, but shall exclude, (a) any bleacher or grandstand with less than six rows of seats, (b) any building which is used exclusively for warehouse, storage, garage, or districtwide administrative office purposes, into which pupils are not required to enter, and buildings utilized by adult schools for off-campus, voluntary adult education courses or registered apprentice courses, (c) any swimming pool, or (d) any yard or lighting poles or flagpoles or playground equipment which does not exceed 35 feet in height. See California Education Code 17368
• seller: means a person who, on their own behalf or through salespersons or through the use of an automatic dialing-announcing device, as defined in §. See California Business and Professions Code 17511.1
• Service of process: The service of writs or summonses to the appropriate party.
• severe mental health disorder: means an illness, disease, or condition that substantially impairs the person's thought, perception of reality, emotional process, or judgment. See California Penal Code 2962
• solicitation for charitable purposes: means any request, plea, entreaty, demand, or invitation, or attempt thereof, to give money or property, in connection with which any of the following applies:

  California Business and Professions Code 17510.2

• Spousal support: means support of the spouse of the obligor. See California Family Code 142
• Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
• Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
• State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
• State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
• state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
• State: means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. See California Family Code 145
• State: means the State of California, unless applied to the different parts of the United States. See California Fish and Game Code 83
• state agency: shall include any state board, commission, bureau, or division created pursuant to the provisions of the Business and Professions Code, the Education Code, or the Chiropractic Initiative Act to license and regulate individuals who engage in certain businesses and professions. See California Penal Code 23
• Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• supervised financial institution: means any commercial bank, trust company, savings and loan association, credit union, industrial loan company, finance lender or broker, or insurer, provided that the institution is subject to supervision by an official or agency of this state or of the United States. See California Business and Professions Code 17511.1
• Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150
• Support order: means a judgment or order of support in favor of an obligee, whether temporary or final, or subject to modification, termination, or remission, regardless of the kind of action or proceeding in which it is entered. See California Family Code 155
• 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.
• terminal: means the location or locations in this state that are designated by a motor carrier, where subject vehicles may be inspected by the department and where vehicle maintenance and inspection records and drivers' records will be made available for inspection. See California Vehicle Code 34515
• 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.
• Tour bus: includes a bus described in subdivision (a) that has had its roof substantially structurally modified or removed. See California Vehicle Code 612
• Toxic air contaminant: means an air pollutant which may cause or contribute to an increase in mortality or in serious illness, or which may pose a present or potential hazard to human health. See California Health and Safety Code 39655
• traffic: includes pedestrians, ridden animals, vehicles, street cars, and other conveyances, either singly or together, while using any highway for purposes of travel. See California Vehicle Code 620
• truck tractor: is a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load, other than a part of the weight of the vehicle and the load so drawn. See California Vehicle Code 655
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• 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}
• union high school: shall be deemed to mean unified school district. See California Education Code 18311
• vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Vehicle Code 670
• Will: includes codicil. See California Code of Civil Procedure 17
• will: includes codicil. See California Penal Code 7
• willfully: when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. See California Penal Code 7
• writing: means any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. See California Government Code 7920.545
• Writing: includes printing and typewriting. See California Code of Civil Procedure 17
• Writing: includes any form of recorded message capable of comprehension by ordinary visual means. See California Financial Code 8