Terms Used In Oregon Statutes > Chapter 329 - Oregon Educational Act for the 21st Century; Educational Improvement and Reform and Reform

• Action: includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. See Oregon Statutes 90.100
• 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.
• Appraisal: A determination of property value.
• Arrest: Taking physical custody of a person by lawful authority.
• Attorney: includes an associate member of the Oregon State Bar practicing law within the member's approved scope of practice. See Oregon Statutes 90.100
• Bias crime: has the meaning given that term in ORS § 147. See Oregon Statutes 90.100
• Building and housing codes: includes any law, ordinance or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit. See Oregon Statutes 90.100
• Conduct: means the commission of an act or the failure to act. See Oregon Statutes 90.100
• Continuance: Putting off of a hearing ot trial until a later time.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Dealer: means any person in the business of selling, leasing or distributing new or used manufactured dwellings or floating homes to persons who purchase or lease a manufactured dwelling or floating home for use as a residence. See Oregon Statutes 90.100
• 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:
• Drug and alcohol free housing: means a dwelling unit described in ORS § 90. See Oregon Statutes 90.100
• Dwelling unit: means a structure or the part of a structure that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. See Oregon Statutes 90.100
• 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}
• Facility: means a manufactured dwelling park or a marina. See Oregon Statutes 90.100
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee: means a nonrefundable payment of money. See Oregon Statutes 90.100
• Fiduciary: A trustee, executor, or administrator.
• Fixed term tenancy: means a tenancy that has a fixed term of existence, continuing to a specific ending date and terminating on that date without requiring further notice to effect the termination. See Oregon Statutes 90.100
• Floating home: has the meaning given that term in ORS § 830. See Oregon Statutes 90.100
• 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
• Good faith: means honesty in fact in the conduct of the transaction concerned. See Oregon Statutes 90.100
• Grantor: The person who establishes a trust and places property into it.
• Informal dispute resolution: includes voluntary consultation between the landlord or landlord's agent and one or more tenants or voluntary mediation utilizing the services of a third party, but does not include mandatory mediation or arbitration. See Oregon Statutes 90.100
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intestate: Dying without leaving a will.
• judicial department: means the Supreme Court, the Court of Appeals, the Oregon Tax Court, the circuit courts and all administrative divisions of those courts, whether denominated as boards, commissions, committees or departments or by any other designation. See Oregon Statutes 174.113
• Landlord: includes a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement. See Oregon Statutes 90.100
• Manufactured dwelling: includes an accessory building or structure. See Oregon Statutes 90.100
• Manufactured dwelling park: means a place where four or more manufactured dwellings are located, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee. See Oregon Statutes 90.100
• Organization: includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, and any other legal or commercial entity. See Oregon Statutes 90.100
• Owner: includes a mortgagee in possession and means one or more persons, jointly or severally, in whom is vested:

  (a) All or part of the legal title to property; or

  (b) All or part of the beneficial ownership and a right to present use and enjoyment of the premises. See Oregon Statutes 90.100

• Person: includes an individual or organization. See Oregon Statutes 90.100
• 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.
• Prepaid rent: means any payment of money to the landlord for a rent obligation not yet due. See Oregon Statutes 90.100
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Recreational vehicle: has the meaning given that term in ORS § 174. See Oregon Statutes 90.100
• Rent: means any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others and to use the premises. See Oregon Statutes 90.100
• Rental agreement: includes a lease. See Oregon Statutes 90.100
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Screening or admission criteria: means a written statement of any factors a landlord considers in deciding whether to accept or reject an applicant and any qualifications required for acceptance. See Oregon Statutes 90.100
• Security deposit: means a refundable payment or deposit of money, however designated, the primary function of which is to secure the performance of a rental agreement or any part of a rental agreement. See Oregon Statutes 90.100
• Sexual orientation: means an individual's actual or perceived heterosexuality, homosexuality or bisexuality. See Oregon Statutes 174.100
• Statement of policy: means the summary explanation of information and facility policies to be provided to prospective and existing tenants under ORS § 90. See Oregon Statutes 90.100
• Surrender: means an agreement, express or implied, as described in ORS § 90. See Oregon Statutes 90.100
• Testate: To die leaving a will.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• Traffic offense: has the meaning given that term in ORS § 801. See Oregon Statutes 153.005
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• 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}
• Violation: means an offense described in ORS § 153. See Oregon Statutes 153.005
• Violation proceeding: means a judicial proceeding initiated by issuance of a citation that charges a person with commission of a violation. See Oregon Statutes 153.005
• Week-to-week tenancy: means a tenancy that has all of the following characteristics:

  (a) Occupancy is charged on a weekly basis and is payable no less frequently than every seven days;

  (b) There is a written rental agreement that defines the landlord's and the tenant's rights and responsibilities under this chapter; and

  (c) There are no fees or security deposits, although the landlord may require the payment of an applicant screening charge, as provided in ORS § 90. See Oregon Statutes 90.100