Terms Used In California Codes > Elections Code > Division 16 > Chapter 10 - Appeals

• Acquire: includes acquisition by gift, purchase, lease, eminent domain, or otherwise. See California Government Code 12271
• Affected county: means a county in which any land of the district or agency is situated. See California Elections Code 10500
• Age: refers to the chronological age of any individual who has reached a 40th birthday. See California Government Code 12926
• agency: means any district or agency of the type designated by and formed pursuant to the provisions of any principal act that incorporates this part. See California Elections Code 10500
• Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
• Allegation: something that someone says happened.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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
• Bycatch: includes discards. See California Fish and Game Code 90.5
• candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
• City: includes city and county. See California Business and Professions Code 18
• City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
• 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
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conduit: includes pipe, millrace, ditch, flume, siphon, tunnel, canal, and any other conduit or diversion used for the purpose of taking or receiving water from any river, creek, stream, or lake. See California Fish and Game Code 5900
• Continuance: Putting off of a hearing ot trial until a later time.
• Council: means the Civil Rights Council and "council member" means a member of the council. See California Government Code 12925
• County: includes city and county. See California Business and Professions Code 17
• County: includes "city and county. See California Code of Civil Procedure 17
• County: includes "city and county. See California Labor Code 14
• County: includes city and county. See California Fish and Game Code 32
• creed: include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. See California Government Code 12926
• 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.
• Department: means the Civil Rights Department. See California Government Code 12925
• Department: means the Department of Human Resources. See California Government Code 19815
• Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
• Department: means Department of Industrial Relations. See California Labor Code 19
• Department: means the Department of Fish and Wildlife. See California Fish and Game Code 37
• Director: means a member of the governing body. See California Elections Code 10500
• Director: means Director of Industrial Relations. See California Labor Code 20
• Director: means the Director of Fish and Wildlife. See California Fish and Game Code 39
• Discrimination: includes refusal to sell, rent, or lease housing accommodations. See California Government Code 12927
• 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
• Election: means any election including a primary that is provided for under this code. See California Elections Code 318
• Elections official: means any of the following:

  California Elections Code 320

• Elective office: means any office that may, under the principal act of the district or agency, be filled by way of an election. See California Elections Code 10500
• Elective officer: means "elective officer" as defined by the principal act of each district or agency or if not defined, any officer of a district or agency holding an office that can be filled by election. See California Elections Code 10500
• Employment agency: includes any person undertaking for compensation to procure employees or opportunities to work. See California Government Code 12926
• 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}
• 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.
• 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

• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• Fraud: Intentional deception resulting in injury to another.
• Gender: means sex, and includes a person's gender identity and gender expression. See California Government Code 12926
• Gender expression: means a person's gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth. See California Government Code 12926
• General district election: means an election held pursuant to the provisions of this part. See California Elections Code 10500
• General election: means either of the following:

  California Elections Code 324

• Genetic information: includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual. See California Government Code 12926
• Governing body: means the board of directors of a district or agency or the board or body which governs the activities of the district or agency. See California Elections Code 10500
• 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.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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}
• 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.
• Kelp: means kelp or other marine aquatic plants and the seeds thereof. See California Fish and Game Code 51
• Labor Commissioner: means Chief of the Division of Labor Standards Enforcement. See California Labor Code 21
• Labor organization: includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection. See California Government Code 12926
• Landowner voting district: means a district whose principal act requires an elector to be an owner of land located within the district. See California Elections Code 10500
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
• 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
• 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.
• Medical condition: means either of the following:

  California Government Code 12926

• Mental disability: includes , but is not limited to, all of the following:

  California Government Code 12926

• 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
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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
• On the bases enumerated in this part: means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status. See California Government Code 12926
• onsale general license: includes a special onsale general license. See California Business and Professions Code 23825
• 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
• Overfishing: means a rate or level of taking that the best available scientific information, and other relevant information that the commission or department possesses or receives, indicates is not sustainable or that jeopardizes the capacity of a marine fishery to produce the maximum sustainable yield on a continuing basis. See California Fish and Game Code 98
• Owner: includes the United States (except that for the purpose of Sections 5901, 5931, 5933, and 5938, "owner" does not include the United States as to any dam in the condition the dam existed on September 15, 1945), the State, a person, political subdivision, or district (other than a fish and game district) owning, controlling or operating a dam or pipe. See California Fish and Game Code 5900
• 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: includes one or more individuals, partnerships, associations, corporations, limited liability companies, legal representatives, trustees, trustees in bankruptcy, and receivers or other fiduciaries. See California Government Code 12925
• 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 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
• Physical disability: includes , but is not limited to, all of the following:

  California Government Code 12926

• Precinct: means a geographical area within a county that is made up of voters and is formed pursuant to Chapter 3 (commencing with Section 12200) of Division 12. See California Elections Code 338.6
• Principal act: means the law providing for the creation of a particular district or agency or type of district or agency. See California Elections Code 10500
• 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 record plant: means the plant, or any part thereof, or a record therein, of a person engaged in the business of searching or publishing public records or insuring or guaranteeing titles to real property, including copies of public records or abstracts and memoranda taken from public records that are owned by or in possession of that person or that are used by that person in that person's business. See California Government Code 12271
• Purchase: means "buy" as defined in Section 24. See California Fish and Game Code 68
• Religious dress practice: shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. See California Government Code 12926
• Religious grooming practice: shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed. See California Government Code 12926
• 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.
• Reproductive health decisionmaking: includes , but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. See California Government Code 12926
• Resident voting district: means any district other than a landowner voting district. See California Elections Code 10500
• season: means "open season. See California Fish and Game Code 62
• Secretary: means the secretary of the governing body or a person designated by him or her to perform a duty of the secretary. See California Elections Code 10500
• Secretary: means the Secretary of Labor and Workforce Development. See California Labor Code 19.5
• Sex: includes , but is not limited to, the following:

  California Government Code 12926

• Sexual orientation: means heterosexuality, homosexuality, and bisexuality. See California Government Code 12926
• Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
• 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: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
• stock: means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit. See California Fish and Game Code 98.5
• Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
• 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
• Summons: Another word for subpoena used by the criminal justice system.
• Supervising authority: means the board of supervisors of the county in which is situated all or most of the land of a district. See California Elections Code 10500
• Supervisor: means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment. See California Government Code 12926
• Take: means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. See California Fish and Game Code 86
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transport: includes offer or receive for transportation. See California Fish and Game Code 88
• Trustee: A person or institution holding and administering property in trust.
• trustees: means the Trustees of the California State University, created under Section 66600. See California Education Code 89000
• Undue hardship: means an action requiring significant difficulty or expense, when considered in light of the following factors:

  California Government Code 12926

• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Veteran or military status: means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard. See California Government Code 12926
• Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
• Voter: means a voter or elector as respectively defined in the principal act of each district or agency. See California Elections Code 10500
• Wildlife: means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. See California Fish and Game Code 89.5
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.