Terms Used In California Codes > Evidence Code > Division 8 > Chapter 4 - Particular Privileges

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Act: means the California Consumer Power and Conservation Financing Authority Act. See California Public Utilities Code 3302
• Action: includes a civil action and a criminal action. See California Evidence Code 105
• Administrative officer: means the chief administrative officer, county administrator, county executive, county manager, or other officials employed in the several counties under various titles whose duties and responsibilities are comparable to the officials named herein. See California Government Code 29001
• Adopted budget: means the budget document formally approved by the board of supervisors after the required public hearings and deliberations on the recommended budget. See California Government Code 29001
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• 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.
• 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.
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• assessed value: means 25 percent of full value to, and including, the 1980-81 fiscal year, and 100 percent of full value for the 1981-82 fiscal year and fiscal years thereafter. See California Government Code 25
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Auditor: means the county auditor or that officer whose responsibilities include those designated in Chapter 4 (commencing with Section 26900) of Division 2. See California Government Code 29001
• Authority: means an entity established by the state that requires its members, including, but not limited to, local government entities, to adopt a resolution stating their intent to participate. See California Public Resources Code 10280.5
• Authority: means the California Consumer Power and Conservation Financing Authority established pursuant to Section 3320 and any board, commission, department, or officer succeeding to the functions thereof, or to whom the powers conferred upon the authority by this division shall be given by law. See California Public Utilities Code 3302
• 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.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beneficiary: 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}
• Board: means the Wildlife Conservation Board created pursuant to Article 2 (commencing with Section 1320) of Chapter 4 of Division 20 of . See California Public Resources Code 10332
• Board: means the Board of Supervisors of the County of Fresno. See California Elections Code 21560
• Board: means the Board of Supervisors of the County of Kern. See California Elections Code 21570
• Board: means the Board of Supervisors of the County of Orange. See California Elections Code 21580
• Board: means the Board of Directors of the California Consumer Power and Conservation Financing Authority. See California Public Utilities Code 3302
• board: means a county transit development board created pursuant to Chapter 2 (commencing with Section 120050). See California Public Utilities Code 120001
• board: means the board of directors of the district. See California Public Utilities Code 125050
• Board: means the board of supervisors of the county, or the same body acting as the governing board of a special district whose affairs and finances are under its supervision and control. See California Government Code 29001
• 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
• Bond: includes warrant or other evidence of indebtedness. See California Government Code 53430
• Bond: includes warrant or other evidence of indebtedness. See California Government Code 53460
• Bond purchase agreement: means a contractual agreement executed between the authority and an underwriter or underwriters and, where appropriate, a participating party, whereby the authority agrees to sell bonds issued pursuant to this division. See California Public Utilities Code 3302
• Bonds: means bonds, including structured, senior, and subordinated bonds or other securities. See California Public Utilities Code 3302
• 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
• Bonds: means bonds, warrants, notes or other evidences of indebtedness of a local agency or zone or improvement district thereof. See California Government Code 53530
• bonds: includes bonds, warrants, notes, or other evidences of indebtedness of a local agency, zone or improvement district except those which under Section 18 of Article XI or other provision of the Constitution of the State of California are required to be authorized at an election. See California Government Code 53540
• Brand: means any mark, name or device filed as a brand under this article. See California Business and Professions Code 14425
• Broker: means a person engaged by others in the act of arranging, for compensation, the intrastate transportation of used household goods by a motor vehicle over the highways of this state for, or on behalf of, a shipper, a consignor, or a consignee. See California Business and Professions Code 19225.5
• Budget year: means the fiscal year (July 1 through June 30) for which the budget is being prepared. See California Government Code 29001
• Bureau: refers to the Bureau of Household Goods and Services, as established in Section 9810. See California Business and Professions Code 19225.5
• candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Chambers: A judge's office.
• Chief: refers to the chief of the bureau. See California Business and Professions Code 19225.5
• City: includes city and county. See California Business and Professions Code 18
• client: means a person who, directly or through an authorized representative, consults a lawyer for the purpose of retaining the lawyer or securing legal service or advice from him in his professional capacity, and includes an incompetent (a) who himself so consults the lawyer or (b) whose guardian or conservator so consults the lawyer in behalf of the incompetent. See California Evidence Code 951
• Commission: means the Citizens Redistricting Commission in the County of Fresno established pursuant to Section 21562. See California Elections Code 21560
• Commission: means the Citizens Redistricting Commission in the County of Kern established pursuant to Section 21572. See California Elections Code 21570
• Commission: means the Citizens Redistricting Commission in the County of Orange established pursuant to Section 21582. See California Elections Code 21580
• commission: means a county transportation commission created pursuant to Chapter 2 (commencing with Section 130050). See California Public Utilities Code 130002
• commissioner: means a member of the commission. See California Public Utilities Code 20
• 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.
• Community-based punishment: means correctional sanctions and programming encompassing a range of custodial and noncustodial responses to criminal or noncompliant offender activity. See California Penal Code 17.5
• compensation: means the remuneration paid out of funds controlled by the employer in payment for the member's services performed during normal working hours or for time during which the member is excused from work because of any of the following:

  California Government Code 20630

• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Conduct: includes all active and passive behavior, both verbal and nonverbal. See California Evidence Code 125
• confidential communication: means any information, including, but not limited to, written or oral communication, transmitted between the victim and the counselor in the course of their relationship and in confidence by a means which, so far as the victim is aware, discloses the information to no third persons other than those who are present to further the interests of the victim in the consultation or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the domestic violence counselor is consulted. See California Evidence Code 1037.2
• Confidential communication: includes all information regarding the facts and circumstances relating to all incidences of human trafficking, as well as all information about the children of the victim and the relationship of the victim to the human trafficker. See California Evidence Code 1038.2
• Conservation easement: means a conservation easement, as defined by §. See California Public Resources Code 10332
• Continuance: Putting off of a hearing ot trial until a later time.
• Controller: means the State Controller. See California Government Code 29001
• Corporation: includes a corporation, a company, a limited liability company, an association, and a joint stock association. See California Business and Professions Code 19225.5
• Correct: means a device that meets all of the tolerance and specification requirements of Section 12107. See California Business and Professions Code 12531
• costs: includes only the following:

  California Code of Civil Procedure 1297.411

• cotton: includes raw cotton, cotton linters, and cotton batting. See California Business and Professions Code 12930
• 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 Public Resources Code 14
• 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.
• Criminal action: includes criminal proceedings. See California Evidence Code 130
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Debt instruments: means bonds, notes, certificates of participation, or other evidences of indebtedness issued by a local agency pursuant to this article. See California Government Code 53595
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Conservation. See California Public Resources Code 10280.5
• Department: refers to the Department of Consumer Affairs. See California Business and Professions Code 19225.5
• Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
• 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
• Device: means a weighing or measuring equipment, contrivance, or instrument used, or designed to be used, for determining weight or measure, and includes any tool, appliance, or accessory used in connection therewith, that is used for commercial purposes, as defined in subdivision (e) of Section 12500. See California Business and Professions Code 12531
• Devise: To gift property by will.
• Director: refers to the Director of Consumer Affairs. See California Business and Professions Code 19225.5
• 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:
• 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
• district: means the North County Transit District. See California Public Utilities Code 125001
• Docket: A log containing brief entries of court proceedings.
• domestic violence: means "domestic violence" as defined in §. See California Evidence Code 1037.7
• domestic violence counselor: means a person who is employed by a domestic violence victim service organization, as defined in this article, whether financially compensated or not, for the purpose of rendering advice or assistance to victims of domestic violence and who has at least 40 hours of training as specified in paragraph (2). See California Evidence Code 1037.1
• domestic violence victim service organization: means either of the following:

  California Evidence Code 1037.1

• 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
• 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

• 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}
• Enterprise: means a revenue-producing improvement, building, system, plant, works, facilities, or undertaking used for or useful for the generation or production of electric energy for lighting, heating, and power for public or private uses. See California Public Utilities Code 3302
• 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}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact. See California Evidence Code 140
• Evidence-based practices: refers to supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under probation, parole, or post release supervision. See California Penal Code 17.5
• expert: means a physician and surgeon, including a psychiatrist, or any person described by subdivision (b), (c), or (e) of Section 1010. See California Evidence Code 240
• 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 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}
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: means the current 12-month period to which the annual operating budget applies and at the end of which a government determines its financial position and the results of its operations. See California Government Code 29001
• 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}
• Full and adequate consideration: as used in this title means fair market value. See California Government Code 82025.5
• Fund: means the California Consumer Power and Conservation Financing Authority Fund. See California Public Utilities Code 3302
• Fund: means the Household Goods and Services Fund established pursuant to Section 9870. See California Business and Professions Code 19225.5
• 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
• Grant program: means the program established pursuant to Section 10280. See California Public Resources Code 10280.5
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• 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.
• 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.
• hearing: means the hearing at which a question under this code arises, and not some earlier or later hearing. See California Evidence Code 145
• holder of the privilege: means :

  California Evidence Code 953

• holder of the privilege: means :

  California Evidence Code 993

• holder of the privilege: means :

  California Evidence Code 1013

• holder of the privilege: means :

  California Evidence Code 1035.6

• holder of the privilege: means :

  California Evidence Code 1037.4

• Holder of the privilege: means :

  California Evidence Code 1038.2

• Household mover: includes every corporation or person, their lessees, trustee, receivers, or trustees appointed by any court whatsoever, engaged in the permitted or unpermitted transportation for compensation or hire as a business by means of a motor vehicle or motor vehicles being used in the transportation of used household goods and personal effects over any public highway in this state. See California Business and Professions Code 19225.5
• Human trafficking caseworker: means a person working for a human trafficking victim service organization, whether financially compensated or not, for the purpose of rendering advice or assistance to victims of human trafficking, who meets the requirements of paragraph (1) or (2) and who also meets the requirements of paragraph (3), if applicable:

  California Evidence Code 1038.2

• Human trafficking victim service organization: means a nongovernmental organization or entity that provides shelter, program, or other support services to victims of human trafficking and their children and that does all of the following:

  California Evidence Code 1038.2

• Immediate family member: means a spouse, child, in-law, parent, or sibling. See California Elections Code 21560
• Immediate family member: means a spouse, child, in-law, parent, or sibling. See California Elections Code 21570
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspector: refers to an inspector either employed by, or under contract to, the bureau. See California Business and Professions Code 19225.5
• Inter vivos: Transfer of property from one living person to another living person.
• 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}
• Intestate: Dying without leaving a will.
• 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
• joint contract: means a contract with the board as set forth in subdivision (a). See California Government Code 20460.1
• Joint powers authority: means a joint powers authority established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of . See California Public Resources Code 10280.5
• Justice reinvestment: is a data-driven approach to reduce corrections and related criminal justice spending and reinvest savings in strategies designed to increase public safety. See California Penal Code 17.5
• Law: includes constitutional, statutory, and decisional law. See California Evidence Code 160
• lawyer: means a person authorized, or reasonably believed by the client to be authorized, to practice law in any state or nation. See California Evidence Code 950
• 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
• Legislative body: means the legislative body, as defined in Section 53000, of the local agency. See California Government Code 53540
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• license: includes certificate or permit. See California Business and Professions Code 5096.7
• 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
• license: shall include a permit or a certificate issued by a state agency. See California Penal Code 23
• 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.
• Local agency: means county, city, irrigation district, reclamation district, school district, or other municipal corporation. See California Government Code 53430
• 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
• local agency: means county, city, city and county, public district or any public or municipal corporation, public agency or public authority. See California Government Code 53510
• local agency: means county, city, city and county, public district or any public or municipal corporation, public agency or public authority. See California Government Code 53520
• Local agency: means county, city, city and county, public district, public entity or authority, or other public or municipal corporation, including redevelopment agencies, housing authorities, and industrial development authorities. See California Government Code 53530
• Local agency: means county, city, city and county, public district, public entity or authority or other public or municipal corporation. See California Government Code 53540
• Local government entity: means any city, county, city and county, or district, including, but not limited to, park and open-space districts, resource conservation districts, and other special districts. See California Public Resources Code 10280.5
• Local public agency: means any city, county, city and county, resource conservation district, district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5, authority formed pursuant to Division 26 (commencing with Section 35100), or joint powers authority made up of two or more local public agencies and one or more state agencies. See California Public Resources Code 10332
• magistrate: signifies any one of the officers mentioned in Section 808. See California Penal Code 7
• member of the clergy: means a priest, minister, religious practitioner, or similar functionary of a church or of a religious denomination or religious organization. See California Evidence Code 1030
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Motor vehicle: means every motor truck, tractor, or other self-propelled vehicle used for transportation of property over the public highways, other than upon fixed rails or tracks, and any trailer, semitrailer, dolly, or other vehicle drawn thereby. See California Business and Professions Code 19225.5
• motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of §. See California Vehicle Code 415
• multicounty designated transportation planning agency: means the Southern California Association of Governments. See California Public Utilities Code 130004
• 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.
• Nonprofit organization: means any nonprofit public benefit corporation that has among its purposes the conservation of agricultural lands, and holds a tax exemption, as defined under Section 501(c)(3) of the Internal Revenue Code, and further qualifies as an organization under Section 170(b)(1)(A)(iv) or 170(h)(3) of the Internal Revenue Code. See California Public Resources Code 10280.5
• Nonprofit organization: means any nonprofit public benefit corporation formed pursuant to the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of . See California Public Resources Code 10332
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
• Oversight: Committee review of the activities of a Federal agency or program.
• Participating party: means either of the following:

  California Public Utilities Code 3302

• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
• patient: means a person who consults a physician or submits to an examination by a physician for the purpose of securing a diagnosis or preventive, palliative, or curative treatment of his physical or mental or emotional condition. See California Evidence Code 991
• patient: means a person who consults a psychotherapist or submits to an examination by a psychotherapist for the purpose of securing a diagnosis or preventive, palliative, or curative treatment of his mental or emotional condition or who submits to an examination of his mental or emotional condition for the purpose of scientific research on mental or emotional problems. See California Evidence Code 1011
• penitent: means a person who has made a penitential communication to a member of the clergy. See California Evidence Code 1031
• penitential communication: means a communication made in confidence, in the presence of no third person so far as the penitent is aware, to a member of the clergy who, in the course of the discipline or practice of the clergy member's church, denomination, or organization, is authorized or accustomed to hear those communications and, under the discipline or tenets of his or her church, denomination, or organization, has a duty to keep those communications secret. See California Evidence Code 1032
• Person: includes an individual, a firm, or a partnership. See California Business and Professions Code 19225.5
• Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
• Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Evidence Code 175
• Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
• Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Code of Civil Procedure 17
• physician: means a person authorized, or reasonably believed by the patient to be authorized, to practice medicine in any state or nation. See California Evidence Code 990
• Placed in service: means to permit the use of a device that has been tested and found to be correct, as defined in subdivision (c) of Section 12500, and type approved, as provided for in Section 12500. See California Business and Professions Code 12531
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• 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.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
• 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
• Program: means a program that provides financial assistance, as provided in Article 6 (commencing with Section 3365). See California Public Utilities Code 3302
• Project: means plants, facilities, equipment, appliances, structures, expansions, and improvements within the state that serve the purposes of this division as approved by the authority, and all activities and expenses necessary to initiate and complete those projects described in Article 5 (commencing with Section 3350) and Article 7 (commencing with Section 3368), of Chapter 3. See California Public Utilities Code 3302
• Property: means any real property, and any perpetual interest therein, including land, conservation easements, and land containing water rights. See California Public Resources Code 10332
• property: includes property real and personal. See California Civil Code 14
• Property: includes both personal and real property. See California Code of Civil Procedure 17
• Property: includes both real and personal property. See California Evidence Code 185
• Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• psychotherapist: means a person who is, or is reasonably believed by the patient to be:

  California Evidence Code 1010

• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public employee: means an officer, agent, or employee of a public entity. See California Evidence Code 195
• Public entity: includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation, whether foreign or domestic. See California Evidence Code 200
• Public highway: includes every public street, road, or highway in this state. See California Business and Professions Code 19225.5
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Qualified property: means property that is rangeland, grazing land, or grassland and is used or is suitable for grazing. See California Public Resources Code 10332
• Quorum: The number of legislators that must be present to do business.
• Recommended budget: means the budget document recommended to the board of supervisors by the designated county official. See California Government Code 29001
• Registrant: means a person who files a brand under this article. See California Business and Professions Code 14425
• 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.
• 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).
• representative: is a ny person regularly employed by a manufacturer or distributor for the purpose of negotiating or promoting the sale of the manufacturer's or distributer's vehicles to their franchisees or for regularly supervising or contacting franchisees or prospective franchisees in this state for any purpose. See California Vehicle Code 512
• 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
• Revenues: means all receipts, purchase payments, loan repayments, lease payments, rents, fees and charges, and all other income or receipts derived by the authority from an enterprise, or by the authority or a participating party from any other financing arrangement undertaken by the authority or a participating party, including, but not limited to, all receipts from a bond purchase agreement, and any income or revenue derived from the investment of any money in any fund or account of the authority or a participating party. See California Public Utilities Code 3302
• schoolbus: is a motor vehicle designed, used, or maintained for the transportation of any school pupil at or below the 12th grade level to or from a public or private school or to or from public or private school activities, except the following:

  California Vehicle Code 545

• secretary: refer to the Labor and Workforce Development Agency and the Secretary of Labor and Workforce Development, respectively, unless the context otherwise requires. See California Government Code 15550
• Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
• Service agency: means a person, as defined in Section 12011, that for hire, award, commission, or any other payment of any kind, repairs a commercial device. See California Business and Professions Code 12531
• Service agent: means a person employed by a service agency to repair a commercial device. See California Business and Professions Code 12531
• sexual assault: includes all of the following:

  California Evidence Code 1036.2

• sexual assault counselor: means any of the following:

  California Evidence Code 1035.2

• Sheriff: includes marshal. See California Code of Civil Procedure 17
• Software: includes all programs, voting devices, cards, ballot cards or papers, operating manuals or instructions, test procedures, printouts, and other nonmechanical or nonelectrical items necessary to the operation of a voting system. See California Elections Code 355
• Spouse: includes "registered domestic partner" as required by §. See California Code of Civil Procedure 17
• Spouse: includes "registered domestic partner" as required by §. See California Evidence Code 215
• Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
• Spouse: includes "registered domestic partner" as required by §. See California Elections Code 356.5
• State: means the State of California. See California Public Utilities Code 3302
• State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
• 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 Evidence Code 220
• State agency: means any public entity created by statute within the Resources Agency. See California Public Resources Code 10332
• 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
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• 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
• Summons: Another word for subpoena used by the criminal justice system.
• supplies: means containers, equipment or supplies bearing a brand. See California Business and Professions Code 14425
• 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.
• Testate: To die leaving a will.
• Testify: Answer questions in court.
• 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.
• Town: includes "unincorporated town" and "village. See California Government Code 21
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• 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
• Trust: includes the following:

  California Probate Code 82

• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{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}
• 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.
• 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
• Venue: The geographical location in which a case is tried.
• victim: means a person who consults a sexual assault counselor for the purpose of securing advice or assistance concerning a mental, physical, or emotional condition caused by a sexual assault. See California Evidence Code 1035
• victim: means any person who suffers domestic violence, as defined in Section 1037. See California Evidence Code 1037
• Victim: means a person who consults a human trafficking caseworker for the purpose of securing advice or assistance concerning a mental, physical, emotional, or other condition related to their experience as a victim of human trafficking. See California Evidence Code 1038.2
• Voter: means any elector who is registered under this code. See California Elections Code 359
• Will: includes codicil. See California Code of Civil Procedure 17
• will: includes codicil. See California Penal Code 7
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Code of Civil Procedure 17
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
• Writing: includes printing and typewriting. See California Code of Civil Procedure 17
• Writing: means 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 Evidence Code 250