Part 20 STATE EDUCATIONAL AGENCIES
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Terms Used In California Codes > Education Code > Title 2 > Division 2 - STATE ADMINISTRATION

  • Adverse action: includes all of the following:

    California Civil Code 1785.3

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Amortization: Paying off a loan by regular installments.
  • Amount financed: means the amount required to be disclosed pursuant to paragraph (8) of subdivision (a) of Section 2982. See California Civil Code 2981
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • 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.
  • 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.
  • Appeals board: means the Occupational Safety and Health Appeals Board, within the department. See California Labor Code 6302
  • 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.
  • 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
  • Arrest: Taking physical custody of a person by lawful authority.
  • Association: means any corporation organized under this part. See California Corporations Code 13202
  • 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.
  • 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.
  • beginning teacher: means a teacher with a valid California credential, as defined in Section 44259. See California Education Code 44279.1
  • Benefit corporation: means a corporation organized under the General Corporation Law that has elected to become subject to this part and whose status as a benefit corporation has not been terminated as provided in this part. See California Corporations Code 14601
  • Benefit enforcement proceeding: means a claim or action relating to any of the following:

    California Corporations Code 14601

  • Bequest: Property gifted by will.
  • board: as used in this chapter means the Medical Board of California. See California Business and Professions Code 2002
  • board: means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. See California Business and Professions Code 31
  • bookkeeping services: means keeping books, making trial balances, preparing statements, making audits, or preparing reports, all as a part of bookkeeping operations, provided that such trial balances, statements, or reports are not issued over the name of such person as having been prepared or examined by a certified public accountant or public accountant. See California Civil Code 1799
  • business entity: means a sole proprietorship, partnership, corporation, association or other group, however organized and whether or not organized to operate at a profit, but does not mean a financial institution organized, chartered, or holding a license or authorization certificate under a law of this state or the United States to make loans or extend credit and subject to supervision by an official or agency of this state or the United States, nor the parent of any such financial institution, nor any subsidiary of any such financial institution or parent. See California Civil Code 1799
  • Buyer: means the person who buys or hires a motor vehicle under a conditional sale contract. See California Civil Code 2981
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Cash price: means the amount for which the seller would sell and transfer to the buyer unqualified title to the motor vehicle described in the conditional sale contract, if the property were sold for cash at the seller's place of business on the date the contract is executed, and shall include taxes to the extent imposed on the cash sale and the cash price of accessories or services related to the sale, including, but not limited to, delivery, installation, alterations, modifications, improvements, document preparation fees, a service contract, a vehicle contract cancellation option agreement, and payment of a prior credit or lease balance remaining on property being traded in. See California Civil Code 2981
  • Chambers: A judge's office.
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • Commission: means the Educational Innovation and Planning Commission. See California Education Code 33509
  • commission: means the Instructional Quality Commission. See California Education Code 33539
  • commission: means the Educational Management and Evaluation Commission. See California Education Code 33556
  • commission: means the Advisory Commission on Special Education. See California Education Code 33596
  • commission: means the Student Aid Commission created by this article. See California Education Code 69515
  • 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
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • 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.
  • Conditional sale contract: means :

    California Civil Code 2981

  • Consumer: means an individual who seeks or acquires, by purchase or lease, any goods or services for personal, family, or household purposes. See California Civil Code 1761
  • Consumer: means a natural individual. See California Civil Code 1785.3
  • consumer: means a natural individual who has made application to a person for employment purposes, for insurance for personal, family, or household purposes, or the hiring of a dwelling unit, as defined in subdivision (c) of Section 1940. See California Civil Code 1786.2
  • Consumer credit report: means any written, oral, or other communication of any information by a consumer credit reporting agency bearing on a consumer's credit worthiness, credit standing, or credit capacity, which is used or is expected to be used, or collected in whole or in part, for the purpose of serving as a factor in establishing the consumer's eligibility for: (1) credit to be used primarily for personal, family, or household purposes, or (2) employment purposes, or (3) hiring of a dwelling unit, as defined in subdivision (c) of Section 1940, or (4) other purposes authorized in Section 1785. See California Civil Code 1785.3
  • Consumer credit reporting agency: means any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the business of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer credit reports to third parties, but does not include any governmental agency whose records are maintained primarily for traffic safety, law enforcement, or licensing purposes. See California Civil Code 1785.3
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contractor: means any person who is a general building contractor within the meaning of §. See California Civil Code 1797.1
  • Conversion coverage: means health insurance benefits providing hospital, surgical, major medical, or comprehensive medical coverage issued to an individual under a converted policy. See California Insurance Code 12671
  • Converted policy: means a policy or contract providing conversion coverage issued by an insurance company or by a hospital service corporation, or individual hospital, surgical, major medical, or comprehensive medical coverage otherwise provided by a policyholder to its employees or members. See California Insurance Code 12671
  • County: includes "city and county. See California Corporations Code 14
  • County: includes city and county. See California Health and Safety Code 14
  • County: includes "city and county. See California Labor Code 14
  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
  • Dealer: means any person who is a dealer within the meaning of §. See California Civil Code 1797.1
  • Decedent: A deceased person.
  • Department: means the Department of Industrial Relations. See California Labor Code 6302
  • Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
  • department: means State Department of Health Services. See California Health and Safety Code 20
  • Department: means the Department of Fish and Wildlife. See California Fish and Game Code 37
  • department: whenever used in this code , unless the context otherwise requires, means the State Department of Education. See California Education Code 89
  • 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.
  • Director: means "State Director of Health Services. See California Health and Safety Code 21
  • Director: means the Director of Fish and Wildlife. See California Fish and Game Code 39
  • Disabled person: means a person who has a physical or mental impairment that substantially limits one or more major life activities. See California Civil Code 1761
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • District: means fish and game district. See California Fish and Game Code 41
  • Division: means the Division of Occupational Safety and Health. See California Labor Code 9151
  • Division: means the Division of Occupational Safety and Health. See California Labor Code 6302
  • Donor: The person who makes a gift.
  • Downpayment: means a payment that the buyer pays or agrees to pay to the seller in cash or property value or money's worth at or prior to delivery by the seller to the buyer of the motor vehicle described in the conditional sale contract. See California Civil Code 2981
  • Election: means any election including a primary that is provided for under this code. See California Elections Code 318
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employer: means an employer engaged in producing a motion picture production. See California Labor Code 9151
  • Employment purposes: when used in connection with a consumer credit report, means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment, or retention as an employee. See California Civil Code 1785.3
  • employment purposes: when used in connection with an investigative consumer report, means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment, or retention as an employee. See California Civil Code 1786.2
  • 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.
  • 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
  • Ex officio: Literally, by virtue of one's office.
  • executed: when used with respect to the documents filed pursuant to this code or pursuant to regulations adopted under this code, and presented to the Secretary of State, include a document bearing a signature under subdivision (a). See California Corporations Code 17.1
  • 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
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
  • 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.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • File: when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer credit reporting agency, regardless of how the information is stored. See California Civil Code 1785.3
  • file: when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by an investigative consumer reporting agency regardless of how the information is stored. See California Civil Code 1786.2
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Finance charge: has the meaning set forth for that term in Section 226. See California Civil Code 2981
  • Firearm: means a device, designed to expel through a barrel a projectile by the force of an explosion or other form of combustion, including the frame or receiver of the device. See California Labor Code 9151
  • Firm offer of credit: means any offer of credit to a consumer that will be honored if, based on information in a consumer credit report on the consumer and other information bearing on the creditworthiness of the consumer, the consumer is determined to meet the criteria used to select the consumer for the offer and the consumer is able to provide any real property collateral specified in the offer. See California Civil Code 1785.3
  • 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.
  • Fish: means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. See California Fish and Game Code 45
  • Fishery: means both of the following:

    California Fish and Game Code 94

  • Fishery products: includes fish, crustaceans, mollusks, and marine products for human consumption. See California Corporations Code 13202
  • franchise: means a franchise granted by a public entity and all the rights and privileges thereof, other than the franchise of being a corporation. See California Code of Civil Procedure 708.910
  • General public benefit: means a material positive impact on society and the environment, taken as a whole, as assessed against a third-party standard, from the business and operations of a benefit corporation. See California Corporations Code 14601
  • Goods: means tangible chattels bought or leased for use primarily for personal, family, or household purposes, including certificates or coupons exchangeable for these goods, and including goods that, at the time of the sale or subsequently, are to be so affixed to real property as to become a part of real property, whether or not they are severable from the real property. See California Civil Code 1761
  • Grantor: The person who establishes a trust and places property into it.
  • Green Party: means the Green Party of California. See California Elections Code 6850
  • grey market goods: means consumer goods bearing a trademark and normally accompanied by an express written warranty valid in the United States of America which are imported into the United States through channels other than the manufacturer's authorized United States distributor and which are not accompanied by the manufacturer's express written warranty valid in the United States. See California Civil Code 1797.8
  • Group policy: means a group health insurance policy providing medical, hospital, surgical, major medical, or comprehensive medical coverage issued by an insurer, a group contract issued by a hospital service corporation, or medical, hospital, surgical, major medical, or comprehensive medical coverage otherwise provided by a policyholder to its employees or members, except for self-insurance programs provided by employers that are not exempt from the federal Employee Retirement Income Security Act of 1974 (ERISA), as specified in subdivision (i). See California Insurance Code 12671
  • Guaranteed asset protection waiver: means an optional contractual obligation under which a seller agrees, for additional consideration, to cancel or waive all or part of amounts due on the buyer's conditional sale contract subject to this chapter in the event of a total loss or unrecovered theft of the motor vehicle specified in the conditional sale contract. See California Civil Code 2981
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Holder: means the person entitled to enforce the conditional sale contract against the buyer at the time. See California Civil Code 2981
  • Home solicitation: means a transaction made at the consumer's primary residence, except those transactions initiated by the consumer. See California Civil Code 1761
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • 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. See California Civil Code 1799
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insurance: refers to health insurance, major medical, or comprehensive coverage paid by premium or contribution under a group policy, a hospital service contract, or as otherwise provided by a policyholder to its employees or members other than by self-insuring except in the case of a plan that is exempt from ERISA, but does include an employer plan that is exempt from ERISA as specified in subdivision (i). See California Insurance Code 12671
  • Insurer: means the entity issuing a group policy, an individual or converted policy, a hospital service contract or an employer or employee organization otherwise providing medical, hospital, surgical, major medical, or comprehensive medical coverage to its employees or members. See California Insurance Code 12671
  • 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
  • investigative consumer report: means a consumer report in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through any means. See California Civil Code 1786.2
  • investigative consumer reporting agency: means any person who, for monetary fees or dues, engages in whole or in part in the practice of collecting, assembling, evaluating, compiling, reporting, transmitting, transferring, or communicating information concerning consumers for the purposes of furnishing investigative consumer reports to third parties, but does not include any governmental agency whose records are maintained primarily for traffic safety, law enforcement, or licensing purposes, or any licensed insurance agent, insurance broker, or solicitor, insurer, or life insurance agent. See California Civil Code 1786.2
  • Item of information: means any of one or more informative entries in a credit report which causes a creditor to deny credit to an applicant or increase the cost of credit to an applicant or deny an applicant a checking account with a bank or other financial institution. See California Civil Code 1785.3
  • Judge: means the administrative law judge presiding over the dismissal or suspension hearing. See California Education Code 44990
  • Juror: A person who is on the jury.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Licensee: means the holder of a license issued under Chapter 2 (commencing with Section 1250) or Chapter 8. See California Health and Safety Code 1418
  • Licensee: means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600. See California Business and Professions Code 23.8
  • local educational agency: means a school district as defined in Section 41302. See California Education Code 47640
  • Long-term health care facility: means any facility licensed pursuant to Chapter 2 (commencing with Section 1250) that is any of the following:

    California Health and Safety Code 1418

  • Major life activities: means functions that include caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. See California Civil Code 1761
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • medical information: means information on a person's medical history or condition obtained directly or indirectly from a licensed physician, medical practitioner, hospital, clinic, or other medical or medically related facility. See California Civil Code 1786.2
  • Medicare: means Title XVIII of the United States Social Security Act as added by the Social Security Amendments of 1965 or as later amended or superseded. See California Insurance Code 12671
  • 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
  • Mile: means either a statute mile (5,280 feet) or a nautical mile (6,077 feet) depending on the application. See California Fish and Game Code 55
  • Minimum finance charge: The minimum, or fixed, finance charge that will be imposed during a billing cycle. A minimum finance charge usually applies only when a finance charge is imposed, that is, when you carry over a balance. Source: Federal Reserve
  • Minimum status vote: means that:

    California Corporations Code 14601

  • Minor: means any person under 18 years of age. See California Education Code 44990
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motion picture production: means the development or creation of motion pictures, television programs, streaming productions, commercial advertisements, music videos, or any other moving images, including, but not limited to, productions made for entertainment, commercial, religious, or educational purposes. See California Labor Code 9151
  • Motor vehicle: means a vehicle required to be registered under the Vehicle Code that is bought for use primarily for personal or family purposes, and does not mean any vehicle that is bought for use primarily for business or commercial purposes or a mobilehome, as defined in §. See California Civil Code 2981
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Net: means any gear made of any kind of twine, thread, string, rope, wire, wood, or other materials used for the gilling, entangling, trapping, or impounding of fish. See California Fish and Game Code 56
  • 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: includes an affirmation or declaration. See California Code of Civil Procedure 17
  • Open season: means that period of time during which the taking of birds, mammals, fish, reptiles, or amphibians is allowed as prescribed in this code and regulations adopted by the commission. See California Fish and Game Code 62
  • 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
  • other information bearing on the creditworthiness of the consumer: means information that the person making the offer is permitted to consider pursuant to any rule, regulation, or formal written policy statement relating to the federal Fair Credit Reporting Act, as amended (15 U. See California Civil Code 1785.3
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
  • Person: means an individual, partnership, corporation, limited liability company, association, or other group, however organized. See California Civil Code 1761
  • Person: means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. See California Civil Code 1785.3
  • person: as used in this title shall not be construed to require duplicative reporting by any individual, corporation, trust, estate, cooperative, association, government, or governmental subdivision or agency, or other entity involved in the same transaction. See California Civil Code 1786.2
  • person: means any natural person, corporation, partnership, limited liability company, firm, association, or governmental entity. See California Civil Code 1799
  • Person: includes an individual, company, firm, association, partnership, trust, corporation, limited liability company, or other legal entity. See California Civil Code 2981
  • Person: includes a corporation as well as a natural person. See California Corporations 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: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Insurance Code 19
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
  • 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: All property that is not real property.
  • Physical or mental impairment: includes , but is not limited to, diseases and conditions that include orthopedic, visual, speech, and hearing impairment, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability, and emotional illness. See California Civil Code 1761
  • 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 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
  • Precomputed basis: means the determination of a finance charge by multiplying the original unpaid balance of the contract by a rate and multiplying that product by the number of payment periods elapsing between the date of the contract and the date of the last scheduled payment. See California Civil Code 2981
  • Prequalifying report: means a report containing the limited information permitted under paragraph (2) of subdivision (b) of Section 1785. See California Civil Code 1785.3
  • Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public entity: means the state, a county, city, district, public authority, public agency, and any other political subdivision in the state. See California Code of Civil Procedure 708.710
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Purchase order: means a sales order, car reservation, statement of transaction, or any other such instrument used in the conditional sale of a motor vehicle pending execution of a conditional sale contract. See California Civil Code 2981
  • Quorum: The number of legislators that must be present to do business.
  • Recess: A temporary interruption of the legislative business.
  • record: means any item, collection, or grouping of information about an individual or business entity. See California Civil Code 1799
  • 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
  • Regulation Z: means a rule, regulation, or interpretation promulgated by the Board of Governors of the Federal Reserve System ("Board") under the federal Truth in Lending Act, as amended (15 U. See California Civil Code 2981
  • 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.
  • Representative of the respondent: means either counsel for, or an exclusive labor representative of, the respondent. See California Education Code 44990
  • 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.
  • Respondent: means the party against whom a petition has been filed. See California Education Code 44990
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • reviewing the account: includes activities related to account maintenance and monitoring, credit line increases, and account upgrades and enhancements. See California Civil Code 1785.3
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Revolving 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 open-end credit.) Source: OCC
  • sale: includes a lease of more than four months. See California Civil Code 1797.8
  • Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
  • Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Food and Agricultural Code 44
  • Seller: means a person engaged in the business of selling or leasing motor vehicles under conditional sale contracts. See California Civil Code 2981
  • Senior citizen: means a person who is 65 years of age or older. See California Civil Code 1761
  • Service contract: means "vehicle service contract" as defined in subdivision (c) of §. See California Civil Code 2981
  • Service of process: The service of writs or summonses to the appropriate party.
  • Services: means work, labor, and services for other than a commercial or business use, including services furnished in connection with the sale or repair of goods. See California Civil Code 1761
  • Simple-interest basis: means the determination of a finance charge, other than an administrative finance charge, by applying a constant rate to the unpaid balance as it changes from time to time either:

    California Civil Code 2981

  • Specific public benefit: includes all of the following:

    California Corporations Code 14601

  • Spouse: includes "registered domestic partner" as required by §. See California Business and Professions Code 14.2
  • Spouse: includes "registered domestic partner" as required by §. See California Corporations Code 12.2
  • Spouse: includes "registered domestic partner" as required by §. See California Health and Safety Code 12.2
  • Spouse: includes "registered domestic partner" as required by §. See California Insurance Code 12.2
  • State: means the State of California. See California Code of Civil Procedure 708.710
  • State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
  • State: means the State of California, unless applied to the different parts of the United States. See California Insurance Code 28
  • State: means the State of California, unless applied to the different parts of the United States. See California Fish and Game Code 83
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • State agency: means a state office, officer, department, division, bureau, board, commission or agency claims against which are paid by warrants drawn by the Controller. See California Code of Civil Procedure 708.710
  • State plan: means the plan for the use of Title IV funds as approved by the State Board of Education. See California Education Code 33509
  • Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Fish and Game Code 73
  • supervised financial organization: means a person organized, chartered, or holding a license or authorization certificate under a law of this state or the United States to make loans and subject to supervision by an official or agency of this state or the United States. See California Civil Code 2982.5
  • Support person: means an adult attendant, victim advocate, or other witness who is able, because of education, experience, or familiarity with the minor, to ensure that the minor's mental health, welfare, and well-being are protected. See California Education Code 44990
  • Surface protection product: means the following products installed by the seller after the motor vehicle is sold:

    California Civil Code 2981

  • Take: means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. See California Fish and Game Code 86
  • 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.
  • Testify: Answer questions in court.
  • Theft deterrent device: means the following devices installed by the seller after the motor vehicle is sold:

    California Civil Code 2981

  • Third-party standard: means a standard for defining, reporting, and assessing overall corporate social and environmental performance to which all of the following apply:

    California Corporations Code 14601

  • Title IV: means Title IV, Parts A, B, C, and D of the Educational Amendments of 1978 (Public Law 95-561) as amended. See California Education Code 33509
  • 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.
  • Transaction: means an agreement between a consumer and another person, whether or not the agreement is a contract enforceable by action, and includes the making of, and the performance pursuant to, that agreement. See California Civil Code 1761
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • 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
  • Unpaid balance: means the difference between subdivisions (f) and (g), plus all insurance premiums (except for credit life or disability insurance when the amount thereof is included in the finance charge), which are included in the contract balance, and the total amount paid or to be paid as follows:

    California Civil Code 2981

  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Venue: The geographical location in which a case is tried.
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
  • Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."