Terms Used In Oregon Statutes > Chapter 163 - Offenses Against Persons

• Account debtor: means a person obligated on an account, chattel paper or general intangible. See Oregon Statutes 79.0102
• 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.
• Agricultural lien: means an interest, other than a security interest or a lien created under ORS § 87. See Oregon Statutes 79.0102
• 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}
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Any other state: includes any state and the District of Columbia. See Oregon Statutes 174.100
• 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.
• Applicant: means an applicant for a loan to construct a small scale local energy project. See Oregon Statutes 470.050
• Bank: means an organization that is engaged in the business of banking. See Oregon Statutes 79.0102
• Base efficiency package: means the package of energy efficiency upgrades or renewable energy projects for a property that, when energy savings, project repayment costs, tax or other incentives, loan offset grants and other relevant economic factors are considered, is estimated to not increase the utility bill of the customer over the loan repayment term. See Oregon Statutes 470.050
• 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.
• Buyer: means a person who buys or contracts to buy goods. See Oregon Statutes 72.1030
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Cash proceeds: means proceeds that are money, checks, deposit accounts or the like. See Oregon Statutes 79.0102
• Certificate of title: includes another record maintained as an alternative to the certificate of title by the governmental unit that issues certificates of title if a statute permits the security interest in question to be indicated on the record as a condition or result of the security interest's obtaining priority over the rights of the lien creditor with respect to the collateral. See Oregon Statutes 79.0102
• Chattel paper: means a record or records that evidence both a monetary obligation and a security interest in specific goods, a security interest in specific goods and software used in the goods, a security interest in specific goods and license of software used in the goods, a lease of specific goods, or a lease of specific goods and license of software used in the goods. See Oregon Statutes 79.0102
• City: includes any incorporated village or town. See Oregon Statutes 174.100
• Collateral: means the property subject to a security interest or agricultural lien. See Oregon Statutes 79.0102
• Commercial tort claim: means a claim arising in tort with respect to which:

  (A) The claimant is an organization; or

  (B) The claimant is an individual and the claim:

  (i) Arose in the course of the claimant's business or profession; and

  (ii) Does not include damages arising out of personal injury to or the death of an individual. See Oregon Statutes 79.0102

• Committee: means the Small Scale Local Energy Project Advisory Committee created under ORS § 470. See Oregon Statutes 470.050
• Commodity account: means an account maintained by a commodity intermediary in which a commodity contract is carried for a commodity customer. See Oregon Statutes 79.0102
• Commodity contract: means a commodity futures contract, an option on a commodity futures contract, a commodity option or another contract if the contract or option is:

  (A) Traded on or subject to the rules of a board of trade that has been designated as a contract market for such a contract pursuant to federal commodities laws; or

  (B) Traded on a foreign commodity board of trade, exchange, or market, and is carried on the books of a commodity intermediary for a commodity customer. See Oregon Statutes 79.0102

• Commodity customer: means a person for which a commodity intermediary carries a commodity contract on its books. See Oregon Statutes 79.0102
• Commodity intermediary: means a person that:

  (A) Is registered as a futures commission merchant under federal commodities law; or

  (B) In the ordinary course of its business provides clearance or settlement services for a board of trade that has been designated as a contract market pursuant to federal commodities law. See Oregon Statutes 79.0102

• Consignee: means a merchant to which goods are delivered in a consignment. See Oregon Statutes 79.0102
• Consignment: means a transaction, regardless of its form, in which a person delivers goods to a merchant for the purpose of sale and:

  (A) The merchant:

  (i) Deals in goods of that kind under a name other than the name of the person making delivery;

  (ii) Is not an auctioneer; and

  (iii) Is not generally known by its creditors to be substantially engaged in selling the goods of others;

  (B) With respect to each delivery, the aggregate value of the goods is $1,000 or more at the time of delivery;

  (C) The goods are not consumer goods immediately before delivery; and

  (D) The transaction does not create a security interest that secures an obligation. See Oregon Statutes 79.0102

• Consignor: means a person that delivers goods to a consignee in a consignment. See Oregon Statutes 79.0102
• Consumer goods: means goods that are used or bought for use primarily for personal, family or household purposes. See Oregon Statutes 79.0102
• Consumer transaction: means a transaction in which:

  (i) An individual incurs an obligation primarily for personal, family or household purposes;

  (ii) A security interest secures the obligation; and

  (iii) The collateral is held or acquired primarily for personal, family or household purposes. See Oregon Statutes 79.0102

• Consumer-goods transaction: means a consumer transaction in which:

  (A) An individual incurs an obligation primarily for personal, family or household purposes; and

  (B) A security interest in consumer goods secures the obligation. See Oregon Statutes 79.0102

• Continuance: Putting off of a hearing ot trial until a later time.
• Continuation statement: means an amendment of a financing statement which:

  (A) Identifies, by its file number, the initial financing statement to which it relates; and

  (B) Indicates that it is a continuation statement for, or that it is filed to continue the effectiveness of, the identified financing statement. See Oregon Statutes 79.0102

• Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Oregon Statutes 72.1060
• Conviction: A judgement of guilt against a criminal defendant.
• Cooperative: means a cooperative corporation organized under ORS Chapter 62. See Oregon Statutes 470.050
• Counterclaim: A claim that a defendant makes against a plaintiff.
• 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.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Deposit account: means a demand, time, savings, passbook or similar account maintained with a bank. See Oregon Statutes 79.0102
• Director: means the Director of the State Department of Energy appointed under ORS § 469. See Oregon Statutes 470.050
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Document: means a document of title or a receipt of the type described in ORS § 77. See Oregon Statutes 79.0102
• Eligible federal agency: means a federal agency or public corporation created by the federal government that proposes to use a loan for a small scale local energy project. See Oregon Statutes 470.050
• Eligible state agency: means a state officer, board, commission, department, institution, branch or agency of the state whose costs are paid wholly or in part from funds held in the State Treasury. See Oregon Statutes 470.050
• Energy efficiency and sustainable technology loan: means a loan for a small scale local energy project that is repayable by means of:

  (a) A charge included with the participant's utility customer account billing; or

  (b) An alternative repayment method identified by the department and the borrower and specified in the loan agreement. See Oregon Statutes 470.050

• Energy Project Bond Loan Fund: means the fund established under ORS § 470. See Oregon Statutes 470.050
• Energy Project Supplemental Fund: means the fund established under ORS § 470. See Oregon Statutes 470.050
• Energy Revenue Bond Repayment Fund: means the fund established under ORS § 470. See Oregon Statutes 470.050
• Energy savings projection: means an examination of the energy performance and site characteristics of a property that, at a minimum, identifies:

  (a) A base efficiency package; and

  (b) Any additional optional measures that a customer is able to repay and that the sustainable energy project manager believes to be feasible for the site. See Oregon Statutes 470.050

• 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.
• Equipment: means goods other than inventory, farm products or consumer goods. See Oregon Statutes 79.0102
• 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.
• Executor: A male person named in a will to carry out the decedent
• 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.
• Farm products: means goods, other than standing timber, with respect to which the debtor is engaged in a farming operation and which are:

  (A) Crops grown, growing, or to be grown, including:

  (i) Crops produced on trees, vines and bushes; and

  (ii) Aquatic goods produced in aquacultural operations;

  (B) Livestock, born or unborn, including aquatic goods produced in aquacultural operations;

  (C) Supplies used or produced in a farming operation; or

  (D) Products of crops or livestock in their unmanufactured states. See Oregon Statutes 79.0102

• Farming operation: means raising, cultivating, propagating, fattening, grazing or any other farming, livestock or aquacultural operation. See Oregon Statutes 79.0102
• 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 number: means the number assigned to an initial financing statement pursuant to ORS § 79. See Oregon Statutes 79.0102
• Filing office: means an office designated in ORS § 79. See Oregon Statutes 79.0102
• Filing-office rule: means a rule adopted pursuant to ORS § 79. See Oregon Statutes 79.0102
• Financing statement: means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement. See Oregon Statutes 79.0102
• Fixtures: means goods that have become so related to particular real property that an interest in them arises under real property law. See Oregon Statutes 79.0102
• 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}
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Gender identity: means an individual's gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth. See Oregon Statutes 174.100
• General intangible: means any personal property, including things in action, other than accounts, chattel paper, commercial tort claims, deposit accounts, documents, goods, instruments, investment property, letter-of-credit rights, letters of credit, money and oil, gas or other minerals before extraction. See Oregon Statutes 79.0102
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Goods: means all things that are movable when a security interest attaches. See Oregon Statutes 79.0102
• Governmental unit: means a subdivision, agency, department, county, parish, municipality or other unit of the government of the United States, a state or a foreign country. See Oregon Statutes 79.0102
• 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.
• Health-care-insurance receivable: means an interest in or claim under a policy of insurance which is a right to payment of a monetary obligation for health-care goods or services provided. See Oregon Statutes 79.0102
• 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.
• Instrument: means a negotiable instrument or any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type that in ordinary course of business is transferred by delivery with any necessary indorsement or assignment. See Oregon Statutes 79.0102
• Inventory: means goods, other than farm products, which:

  (A) Are leased by a person as lessor;

  (B) Are held by a person for sale or lease or to be furnished under a contract of service;

  (C) Are furnished by a person under a contract of service; or

  (D) Consist of raw materials, work in process, or materials used or consumed in a business. See Oregon Statutes 79.0102

• Investment property: means a security, whether certificated or uncertificated, security entitlement, securities account, commodity contract or commodity account. See Oregon Statutes 79.0102
• Juror: A person who is on the jury.
• 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}
• Letter-of-credit right: means a right to payment or performance under a letter of credit, whether or not the beneficiary has demanded or is at the time entitled to demand payment or performance. See Oregon Statutes 79.0102
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lineal descendant: Direct descendant of the same ancestors.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Loan: includes the purchase or other acquisition of evidence of indebtedness and money used for the purchase or other acquisition of evidence of indebtedness. See Oregon Statutes 470.050
• Loan contract: means the evidence of indebtedness and all instruments used in the purchase or acquisition of the evidence of indebtedness. See Oregon Statutes 470.050
• Loan repayment charge: means an amount charged to a utility customer account through on-bill financing as a mechanism for the repayment of an energy efficiency and sustainable technology loan. See Oregon Statutes 470.050
• local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
• Manufactured structure: has the meaning given that term in ORS § 446. See Oregon Statutes 79.0102
• Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
• monetary obligation: means a monetary obligation secured by the goods or owed under a lease of the goods and includes a monetary obligation with respect to software used in the goods. See Oregon Statutes 79.0102
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Municipal corporation: has the meaning given in ORS § 297. See Oregon Statutes 470.050
• New debtor: means a person that becomes bound as debtor under ORS § 79. See Oregon Statutes 79.0102
• Noncash proceeds: means proceeds other than cash proceeds. See Oregon Statutes 79.0102
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Obligor: means a person that, with respect to an obligation secured by a security interest in or an agricultural lien on the collateral:

  (i) Owes payment or other performance of the obligation;

  (ii) Has provided property other than the collateral to secure payment or other performance of the obligation; or

  (iii) Is otherwise accountable in whole or in part for payment or other performance of the obligation. See Oregon Statutes 79.0102

• On-bill financing: means a mechanism for collecting the repayment of an energy efficiency and sustainable technology loan through a utility customer account billing system. See Oregon Statutes 470.050
• Optional package: means measures for promoting energy efficiency or the use of renewable energy:

  (a) That are in addition to the measures described in the customer's base efficiency package;

  (b) For which a customer has the ability to repay; and

  (c) That the sustainable energy project manager believes to be feasible for the site. See Oregon Statutes 470.050

• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Oregon business: means a sole proprietorship, partnership, company, cooperative, corporation or other form of business entity that is organized or authorized to do business under Oregon law for profit. See Oregon Statutes 470.050
• Oversight: Committee review of the activities of a Federal agency or program.
• Payment intangible: means a general intangible under which the account debtor's principal obligation is a monetary obligation. See Oregon Statutes 79.0102
• Personal property: All property that is not real property.
• 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.
• present sale: means a sale which is accomplished by the making of the contract. See Oregon Statutes 72.1060
• 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.
• Primary contractor: means a contractor that:

  (a) Has entered into a contract with an owner of property for which a proposed small scale local energy project will be located;

  (b) Is responsible for the completion of the small scale local energy project;

  (c) Undertakes to complete the small scale local energy project; and

  (d) Is responsible for any subcontractors performing work on the small scale local energy project. See Oregon Statutes 470.050

• 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.
• Promissory note: means an instrument that evidences a promise to pay a monetary obligation, does not evidence an order to pay, and does not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds. See Oregon Statutes 79.0102
• Proposal: means a record authenticated by a secured party which includes the terms on which the secured party is willing to accept collateral in full or partial satisfaction of the obligation it secures pursuant to ORS § 79. See Oregon Statutes 79.0102
• Public organic record: means a record that is available to the public for inspection and is:

  (A) A record consisting of the record initially filed with or issued by a state or the United States to form or organize an organization and any record filed with or issued by the state or the United States that amends or restates the initial record;

  (B) An organic record of a business trust consisting of the record initially filed with a state and any record filed with the state that amends or restates the initial record, if a statute of the state governing business trusts requires that the record be filed with the state; or

  (C) A record consisting of legislation enacted by the legislature of a state or the Congress of the United States that forms or organizes an organization, any record amending the legislation and any record filed with or issued by the state or the United States that amends or restates the name of the organization. See Oregon Statutes 79.0102

• Public Purpose Fund Administrator: means the entity designated by the Public Utility Commission to administer moneys collected by a company through the public purpose charge described under ORS § 757. See Oregon Statutes 470.050
• Public-finance transaction: means a secured transaction in connection with which:

  (A) Debt securities are issued;

  (B) All or a portion of the securities issued have an initial stated maturity of at least 20 years; and

  (C) The debtor, obligor, secured party, account debtor or other person obligated on collateral, assignor or assignee of a secured obligation, or assignor or assignee of a security interest is a state or a governmental unit of a state. See Oregon Statutes 79.0102

• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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}
• Registered organization: includes a business trust that is formed or organized under the law of a single state if a statute of the state governing business trusts requires that the business trust's organic record be filed with the state. See Oregon Statutes 79.0102
• 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.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Secondary obligor: means an obligor to the extent that:

  (A) The obligor's obligation is secondary; or

  (B) The obligor has a right of recourse with respect to an obligation secured by collateral against the debtor, another obligor, or property of either. See Oregon Statutes 79.0102

• Security agreement: means an agreement that creates or provides for a security interest. See Oregon Statutes 79.0102
• Seller: means a person who sells or contracts to sell goods. See Oregon Statutes 72.1030
• Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. ^{Source: U.S. Courts}
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sexual orientation: means an individual's actual or perceived heterosexuality, homosexuality or bisexuality. See Oregon Statutes 174.100
• Small scale local energy program loan: means a loan for a small scale local energy project other than an energy efficiency and sustainable technology loan. See Oregon Statutes 470.050
• Small scale local energy project: means any of the following:

  (a) A system, mechanism or series of mechanisms located primarily in Oregon that directly or indirectly uses or enables the use of, by the applicant or another person, renewable resources including, but not limited to, solar, wind, geothermal, biomass, waste heat or water resources to produce energy, including heat, electricity and substitute fuels, to meet a local community or regional energy need in this state. See Oregon Statutes 470.050

• Small Scale Local Energy Project Administration and Bond Sinking Fund: means the fund created under ORS § 470. See Oregon Statutes 470.050
• Small Scale Local Energy Project Loan Fund: means the loan fund created by Article XI-J of the Oregon Constitution and appropriated to the State Department of Energy under ORS § 470. See Oregon Statutes 470.050
• Software: means a computer program and any supporting information provided in connection with a transaction relating to the program. See Oregon Statutes 79.0102
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Oregon Statutes 79.0102
• state government: means the executive department, the judicial department and the legislative department. See Oregon Statutes 174.111
• Summons: Another word for subpoena used by the criminal justice system.
• Supporting obligation: means a letter-of-credit right or secondary obligation that supports the payment or performance of an account, chattel paper, a document, a general intangible, an instrument or investment property. See Oregon Statutes 79.0102
• Sustainable energy project manager: means the organization responsible for promoting the energy efficiency and sustainable technology loan program or the clean energy deployment program and related incentives for energy efficiency and renewable energy at the neighborhood and community level. See Oregon Statutes 470.050
• Tangible chattel paper: means chattel paper evidenced by a record or records consisting of information that is inscribed on a tangible medium. See Oregon Statutes 79.0102
• Termination statement: means an amendment of a financing statement which:

  (A) Identifies, by its file number, the initial financing statement to which it relates; and

  (B) Indicates either that it is a termination statement or that the identified financing statement is no longer effective. See Oregon Statutes 79.0102

• 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.
• Transmitting utility: means an organization primarily engaged in the business of:

  (A) Operating a railroad, subway, street railway or trolley bus;

  (B) Transmitting communications electrically, electromagnetically or by light;

  (C) Transmitting goods by pipeline or sewer; or

  (D) Transmitting or producing and transmitting electricity, steam, gas or water. See Oregon Statutes 79.0102

• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
• 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}
• 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}
• Utility service territory: means the allocated territory in which a utility subject to this chapter provides a utility service. See Oregon Statutes 470.050
• Verdict: The decision of a petit jury or a judge.
• Violate: includes failure to comply. See Oregon Statutes 174.100