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GLOSSARY OF TERMS
abandon. Surrender, relinquish. Often in connection with an action to declare a prior right or relationship abandoned, such as a mining claim, an officer or position, an easement. abet/abettor. In criminal law, an instigator, one who procures or promotes a crime. abrogate. To repeal or set aside a statute or ruling. access. The right to enter and leave a tract of land from a public way. accessory/before, during, after the fact. In criminal law, one who either promotes a crime before it is committed, but is not present; is present, but does not do what is within his or her power to interfere with a crime; or, having knowledge a crime has been committed, conceals it or the perpetrator. SEE CRIMINAL LAW AND PROCEDURE. accessory to a crime. Any person assisting another to commit a crime or to escape from the scene of the crime is equally guilty with the principal. SEE CRIMINAL LAW AND PROCEDURE. accretions. Imperceptible increase in land where it borders upon the sea, a lake, or a river. acknowledgment. A sworn statement that a legal document was executed by the person making the acknowledgment. The statement is made before a public officials who attaches a certificate of acknowledgment to the document. FURTHER DETAIL SEE ACKNOWLEDGEMENT, NOTARIES PUBLIC. administrator. A person appointed by a probate court to settle the affairs of' an individual dying without a will. ademption. Extinction or withdrawal of a legacy by a testator's action which is equivalent to revoking the bequest or legacy. adultery. In many of the states, it is a crime for any married person to live openly with any person of the opposite sex who is not his lawful spouse. SEE CRIMINAL LAW AND PROCEDURE. ad valorem. Designates an assessment of taxes against property according to value. adverse possession. loss of title to land where an adverse possessor uses land adversely, openly, notoriously, with intent to exclude the rightful owner for a period of time established by statute. SEE LOSS OF TITLE TO PROPERTY. ORS 105.620, et seq. affidavit. A voluntary written statement of fact sworn before an authorized public official. agent. A person authorized to represent another person and conduct business transactions in his or her name. FURTHER DETAIL SEE AGENCY. alter ego. A second self, often used to describe relationship between a sham corporation and individual controlling corporate shell. ancillary. Designating or pertaining to a document, proceeding, officer or office, etc., that is subordinate to, or in aid of, another primary or principal one as, an ancillary attachment, bill or suit presupposes the existence of another principal proceeding. annuity. A sum of money or its equivalent that constitutes one of a series of periodic payments. Any advance that may be interpreted in terms of money and answers the requirements of regularity may be considered an annuity. antitrust law. A body of law designed to prevent corporations or conglomerates from developing monopoly power or unlawful combinations. FURTHER INFORMATION (1) ANTITRUST LAW, (2) SECURITIES LAW. appraisal. An estimate of quantity, quality or value. The process through which conclusions of property value or property facts are obtained; also commonly the report setting forth such estimate and conclusion. appropriation doctrine. Prevailing system of water law rights in Western United States. SEE WATER LAW. arson. At common law, the malicious burning of a dwelling, and by statute in most states, also the burning of a business or commercial property. SEE CRIMINAL LAW AND PROCEDURE. assault and battery. A person who threatens or attempts to strike another person is guilty of assault, even though the threat is not followed by actual battery. Assault becomes battery when injury is actually done. The slightest unlawful touching may be battery. assessment. A non-recurring charge levied against property to meet some specific purpose portioned either by benefit derived to property or based on value of property. The valuation of property for taxation; also the value so assigned. assets. Property of all kinds under a single ownership. assumption of risk. Doctrine of tort law which presumes plaintiff has assumed the consequences of injury occurring during certain kinds of known activities through fault of defendant, third person or no one. auctioneer. A person employed for compensation to sell property to the highest bidder at a public sale. authenticate. To give authority to a legal document so it may be used as evidence in a court of law. Notaries public and judges are examples of the kinds of public officers authorized by statute to authenticate a document. automobile. The public has a right to use the public roads to travel and transport property. Drivers of automobiles license an equal right on the highways with other vehicles, but the% do not have any greater right. The courts hold that all travelers have equal right to use the highways. Thus, a pedestrian has the same right as rise driver of an automobile. The State cannot exclude nonresidents from the public roads or place greater restrictions or burdens on nonresident motorists than those imposed on its own citizens. FURTHER INFORMATION SEE AUTOMOBILE INSURANCE, ODOMETER TAMPERING. avoid. To make void. avulsion. Removal of large quantity of soil from real property of one owner and deposit upon the real property of another by action of body of water. bankruptcy. The legally declared condition of being unable to pay one's debts. bargain and sale. The transfer of the property or a thing from one to another, for consideration, in the transaction of a sale. FURTHER INFORMATION SEE BARGAIN AND SALE DEED FORM. battery. Unlawful beating or wrongful physical invasion, constraint inflicted on a person, without consent. FURTHER INFORMATION SEE CRIMINAL LAW AND PROCEDURE, TORTS. bearer. In negotiable instruments, the person in possession of a note or bill payable to bearer. bigamy. A person having more than one husband or wife at one time is guilty of the crime of bigamy. SEE CRIMINAL LAW AND PROCEDURE. bill of sale. A legal paper transferring title to personal property from one person to another. blue sky law. A popular name for a law designed to regulate and supervise the issuance and selling of securities. bond. (1) A legal instrument binding a person to pay a specific sum of money to another person at a specified time. (2) A certificate of obligation, usually an evidence of debt. FURTHER INFORMATION, SEE BONDS. bribery. The offering or giving of money or other valuable consideration to a public officer or one performing a public duty, as an inducement for that officer to commit an unlawful act. The giver and the receiver of the bribe are equally guilty. SEE CRIMINAL LAW AND PROCEDURE. broker. A person who conducts transactions in a specialized field. FURTHER INFORMATION SEE BROKERS. bulk sales. A section of the Uniform Commercial Code in many states. Generally bulk transfer or salws laws provids that when a stock of goods or merchandise is sold, transferred, or consigned in bulk, the seller's creditors must be notified in writing a certain number of days before the sale is completed. burglary. The unlawful breaking into and entering of the building of another with the intent to commit a crime. SEE CRIMINAL LAW AND PROCEDURE. by-laws. Regulations, ordinances, or rules adopted by an association, corporation or government for conduct of governance. SEE CORPORATIONS. by operation of law. Effected by positive legal rule without further conduct or amendment. capital. Accumulated wealth. A portion of wealth which is set aside for the production of additional wealth@ specifically, the funds belonging to the partners or shareholders of a business, invested with the expressed intention of their remaining permanently in the business. capitation tax. Tax or imposition upon the person. carrier. A person whose business is to transport passengers or merchandise. FURTHER INFORMATION SEE COMMON CARRIERS. certificate of title. A document usually given to the home buyer with the deed stating that title to the property is clear; it is prepared by a title company or an attorney and is based on the abstract of title. certiorari. A kind of writ to an appellate court seeking re-examination of action of lower court or further process in matters under review. In United States Supreme Court practice, the petition to that Court seeking review of matters not within the Court's mandatory appellate jurisdiction. chain of title. Successive conveyances affecting a particular parcel of land, viewed consecutively from original source to present holder of title. chancery. Phrase in English Common Law describing courts with power to do Equity. A master in chancery is an assistant to the judge in a court of equity. chattel. Any item of tangible property other than real estate. chattel mortgage. An instrument conveying conditional title to personal property as security for the repayment of a debt or for the performance of some other act. circuit courts. Courts whose jurisdiction extends over several counties or districts. In state courts, the name often given to tribunal with general jurisdiction over legal matters arising within certain geographical districts. citizen. One who has political rights of a particular jurisdiction, as a nation. class action suit. A lawsuit filed on behalf of all people who find themselves in the same factual situation, and according to recognized rules of the forum, such as Federal Rule of Civil Procedure 23. Oregon Rules of Civil Procedure, Rule 32. clear and convincing. A statement of a higher and more stringent standard of proof needed to support certain kinds of findings beyond the preponderance of the evidence. clear title. A title to a thing or property which is not encumbered with claims or defects. cloud on title. An encumbrance on title such as a tax lien, claim of ownership or defect in description. codicil. An addition to or modification of a will. A codicil requires the same formalities as a will. FURTHER INFORMATION SEE WILLS. collateral. Whatever is designated as security for the payment of a debt or for the execution of a contract. commercial paper. Negotiable instruments, such as checks, bills of exchange, or bank notes given as unconditional payment in business transactions. An area of the law codified by the Uniform Commercial Code in all states. FURTHER INFORMATION IN NEGOTIABLE INSTRUMENTS. commission. (1) Payment for the performance of specific duties usually measured by a reference to another sum, i.e., as a percentage of the sales price paid for selling a property. (2) A body with authority delegated by a branch of government to carry out specific fact-finding or limited legislative duties. common property. Land considered as the property of the public in which all persons enjoy equal rights, that is, property not owned by individuals or government, but by groups as in common areas of a condominium, or property association. complaint. The initial statement for relief made by the plaintiff in a civil case, stating the facts supporting the legal theory under which the plaintiff is entitled to the aid of the court. compound interest. Interest paid both on the original principal and on interest accrued from the time it fell due. condemnation. Taking of private property for public use through the exercise of due process of law. condominium. A form of property ownership providing for individual ownership of a specific apartment together with an undivided interest in the land or other parts of the structure in common with other owners. consideration. That which a party to a contract gains from the contract; any valuable benefit gained by the signer of a contract. No contract is valid unless it expresses a consideration. FURTHER INFORMATION IN CONTRACTS. consignee. A person to whom goods are shipped or transferred. conspiracy. When two or more persons agree to do an unlawful act, the agreement is called a conspiracy, and is in itself a crime. SEE CRIMINAL LAW AND PROCEDURE. contempt of court. Any attempt to obstruct justice or to injure the dignity of the court is punishable by the action of the court. May be civil or criminal. contingent claim, contract, fee. A claim, a contract duty or right, a right payment, etc., against another person that is conditional on some event that may not happen, and which does not become enforceable unless and until such event occurs. contract. A mutual agreement between two or more competent parties who, for a valuable consideration, assent to do or not to do a particular thing. FURTHER INFORMATION IN CONTRACTS. convey. The act of deeding or transferring title to another. conveyance. A written legal document transferring title to real property from one person to another. copyright. The exclusive right to sell, reproduce, or use in any way a literary or artistic work. corporation. An association of persons created under the law and legally empowered to act as a single person in regard to some common purpose of the members including a group of persons empowered to act as a single individual, and treated as such, in many respects, by the law, most notably in the forms of ownership so that the persons within the group own and control only a proportionate share of the new legal entity and conversely, are not legally responsible for the debts of the separate corporate person. FURTHER INFORMATION SEE CORPORATIONS. covenant. A promise, most usually referring to an agreement written into deeds and other instruments promising performance or nonperformance of certain acts or stipulating certain uses or nonuses of the property. credit card protections crime. A wrong which violates a statute and injures or endangers the public. FURTHER INFORMATION SEE CRIMINAL LAW AND PROCEDURE. curtsey. The interest at common law of England, and controlled by statute in the states, which a husband acquires in land belonging to his wife after her death; sometimes called dower. deceptive trade practices. See Unfair Trade Practices Act. ORS 646.605-646.646. de facto. Existing in fact, if not in statute or law. de minimus. Too insubstantial to support a finding, or receive legal attention. de jure. Sanctioned by law. debenture. An instrument, given by a corporation to certain investors, promising to repay their investments with interest, securing the debts with company assets, and giving the investors priority claims. deed. A written document conveying real estate from one owner to another. FURTHER INFORMATION SEE REAL ESTATE TRANSACTIONS, DEED FORM, BARGAIN-SALE DEED FORM. defamation. A false and malicious imputation of bad character or reputation either by slander or by libel. Every person has a right to his or her good reputation. FURTHER INFORMATION SEE TORTS. defeasance. A provision or condition in a deed or in a separate instrument which, being performed, renders the instrument void. demand. Preemptory claim to thing or right, which differs from a claim in that it presupposes no defense. demand draft. A draft drawn by one person on another which is payable when presented. deposition. The sworn testimony of a witness taken down in writing before a notary public and signed by the witness. devise. A gift of real property by last will and testament. FURTHER INFORMATION SEE WILLS. devisee. A person given real estate by a will. FURTHER INFORMATION SEE WILLS. disclosures--sales transactions. Oregon Retail Sales Act, ORS 83.010-83.860, requires disclosures in consumer credit contracts for the sale of goods, services and motor vehicles. disclosure--real estate. See ORS and DISCLAIMER FORM. discrimination. Any act which denies rights or equal treatment to a person because of race, color, religion, or sex. driver's responsibilities in vehicle accident. Generally, if injury to a person, on substantial property damage occurs, do not drive away without reporting the facts to the police or nearest police station, or without giving your name, address, and license number to the other party involved. Leaving the scene of an accident may constitute a crime punishable by fine or imprisonment. docketing. Scheduling a case to be heard. domicile. The permanent home of a person. Temporary homes are sometimes distinguished as residences. double indemnity. An agreement in a life insurance or accident policy providing for payment of twice the value of the policy in case of accidental death. dower. The provision the law makes to support a widow out of her deceased spouse's estate. draft. A written order by one person on another demanding the payment of a specified sum of money to a designated third person. easement. The right to use or enjoy certain privileges that appertain to the land of another such as the right of way, or the right to receive air and light by reason of an agreement of record with the owner of adjacent property. FURTHER INFORMATION SEE PRESCRIPTIVE EASEMENTS. ejectment. An action to determine the title to land and right of possession. emancipation. The release of control by a parent over a minor. embezzlement. The wrongful appropriation and use of the personal property of another person by one to whom it has been voluntarily turned over for some lawful use (such as an agent, an executor, or a public official). May be a civil tort or crime. SEE CRIMINAL LAW AND PROCEDURE. eminent domain. The power of government (sovereign) to appropriate private property for public use. If public welfare is served, the right of eminent domain may be granted by the state to quasi-public or even private bodies such as railroad, and power companies. SEE REAL PROPERTY--LOSS OF OWNERSHIP encumbrance. Any claim, such as a mortgage or a lien, against a piece of real or personal property. endorsement. The signature of the owner on the back of a check or other negotiable instrument, by which the owner transfers the instrument to another person. FURTHER INFORMATION NEGOTIABLE INSTRUMENTS. equity. A body of laws and principles developed in England through the chancery courts to supplement the limitations and inflexibility of common law. In most states, the courts of equity are combined, and equity refers to certain kinds of remedies and relief, different from money damages, which a court may order, rather than a separate system. escheat. Reversion of property to the state by reason of failure to find or identify persons legally entitled to hold, such as a lack of heirs to an estate, untraceable persons entitled to tax refunds. escrow. A deed or other instrument placed in the hands of a disinterested person (sometimes called the for delivery upon performance of certain conditions or the happening of certain contingencies. estate. A right in property. An estate in land is the degree, nature or extent of interest which a person has in it. SEE ESTATES IN LAND. estoppel. An act which latter stops or disallows one from claiming contrary facts. et al. Abbreviation for et alii, "and others." et ux. Abbreviation for et uxor, "and wife," usually seen in older conveyances of land indicating that spouse joins in the conveyance. evidence. Any statement or object presented in court to convince the judge or jury of the truth of an argument. execution. The completion or fulfillment of anything, such as a contract. An executed contract is one whose terms have already been completed. exemption. Anything set aside by law from inclusion in a class, such as a right granted to debtors that protects certain property such as a homestead from the claims of creditors. extortion. Asking and accepting of unlawful fees by a public officer. SEE CRIMINAL LAW AND PROCEDURE. false imprisonment. Wrongful restrictions on freedom of movement. This is a crime, and the person unlawfully imprisoned has the right to a civil action for damages. SEE TORTS. false pretense. It is a criminal offense to obtain money or other things of value by the false or fraudulent representation of a past or existing fact. SEE CRIMINAL LAW AND PROCEDURE. family expenses. Under certain circumstances a spouse is liable for the necessary support expenses of the other spouse, and may be vicariously liable. SEE ORS 108.040 for circumstances under which a spouse in Oregon is liable for the debts incurred by the other. fee. (1) Remuneration for services. (2) In real property rights, an inheritable estate in land. SEE ESTATES IN LAND/PROPERTY INTERESTS. fee simple. The most complete estate of land ownership is known as a fee, or estate in fee simple. It is a freehold in perpetuity. SEE ESTATES IN LAND/PROPERTY INTERESTS. SEE ORS 93.020. fee tail. A fee tail, or estate tail, is an estate which descends to the heirs of the body of the first grantee, and so on indefinitely to the heirs of the body of each taker so long as any such line of lineal heirs continues to exist. SEE ESTATES IN LAND/PROPERTY INTERESTS 93.250. fiduciary. The relationship between a person charged with the duty of acting for the benefit of another, as between trustee and the creator of a trust, legal guardian and ward. SEE TRUSTEE. forced sale. The act of selling property under compulsion as to time and place. Usually a sale made by virtue of a court order, ordinarily at public auction. foreclosure. Taking mortgaged property from an owner who fails to pay the debt secured by the mortgage. forfeiture. A statement entitling a landlord to terminate a lease and reclaim property if a tenant fails to pay rent. forgery. False making, or the material alteration, of a Written instrument, contract, or an), other legal paper with intent to defraud. SEE CRIMINAL LAW AND PROCEDURE. fornication . Illicit sexual intercourse other than adultery, as that between unmarried persons. It is punishable in some states as a crime. SEE CRIMINAL LAW AND PROCEDURE. franchise. (1) A privilege conferred by governmental grant such as an exclusive privilege or right to furnish public services. (2) More modern usage describes a particular form of private business relationship or license, by which one acquires the right to sell a particular product under brand identity and good will of another within a certain area. guaranteed mortgage. A mortgage in which a mortgage company buys the mortgages with its own funds and in turn sells these mortgages to its clients, who receive all of the papers in connection with the mortgage, including the bond, the mortgage and the assignment, together with the company I s policy of guarantee. The company guarantees the payment of both principal and interest and assumes the responsibility of complete supervision of the mortgage, for which it receives a fee out of the interest, as it is collected. guarantee. A written promise by one Party to perform some duty or pay some debt if another party should fail to do so. FURTHER INFORMATION SEE GUARANTEE. guaranty policy. Insurance that protects the buyer from loss due to any defect in title to a piece of real property. habeas corpus. A writ ordering a law enforcement officer to bring a certain prisoner into court and show legal reasons to keep him in custody. heir. One who might inherit or succeed to an interest in lands under the rules of law, applicable where an individual dies without leaving a will. holder in due course. Doctrine which leaves an original contractor or maker of a note without the defense of breach of contract if the note evidencing the debt for goods or services is negotiated to a good faith holder of the note. Anti-Holder In Due Course Statutes. Certain laws limit the court-made doctrine of "holder in due course," a third party holding a contract would not be subject to the contracting party's defenses of breach of the underlying contract (such as faulty product, defective work) See ORS 83.820(2) which limits the liability of the assignee of the contract to the amount due at the time the claim or defense is asserted to the See Federal Trade Commission Rule 16 Code of Federal Regulations § 433.2, FTC Rule on Preservation of Consumer Claims and Defenses, which require consumer credit contracts to contain a disclosure that prevents the contract from becoming negotiable instrument in the hand of e to a third party, which has the effect of allowing the consumer to raise claims and defense against an assignee. indemnify. Protect from loss or damage, especially by agreeing to reimburse a person for certain kinds of loss. indemnity. Repayment (usually by an insurer) for a loss the insured person has suffered. indenture. A type of written instrument in which both parties agree to do certain things. infant. Person too young to legally manage his or her own affairs and enjoy full rights of citizenship: a minor. FURTHER INFORMATION SEE INFANT. injunction. A court order forbidding a person or the person's associates from doing or continuing to do certain actions. innkeeper. The proprietor of a public house that receives and entertains travelers. insolvency. Inability of a person or business to pay the debts owed. instrument. A formal legal document. insurance. A contract stating that one person will compensate another for certain specific kinds of losses. SEE INSURANCE, OREGON AUTOMOBILE INSURANCE. interlocutory decree. An intermediate or temporary ruling of a court, not a final decision of a case. international law. A body of rules governing the conduct of nations. intestate. A person who dies without reliving a valid last will and testament. jury. A body of laymen selected to determine the truth in a legal proceeding. lease. A contract for the possession or occupancy of land or buildings. legacy. A gift left by means of a will to a named person, who is called the legatee. The residuary legatee is the person named to receive all property not specifically given to someone else. lessee. One who possesses the right to use or occupy a property under lease agreement. legal rate of interest/usury. SEE, ORS CHAPTER 82. Lemon Law. Statutory protections for purchasers of new automobiles. ORS 646.315.-646.375 allows buyers of automobiles to return or obtain a replacement for anew (less than one year old or driven fewer than 12,000 miles) car which has an noncorrectable defect covered by the manufacturer's express warranty. lessor. One who holds title to and conveys the right to use and occupy a property under lease agreement. liable. Legally responsible. The law will force a person to pay for damage he is liable for. libel. Defamation in writing or printing. license. A permission granted by a competent authority allowing a person to do something that he would otherwise have no right to do. lien. The right to hold or sell the property of another person as security or for the payment of a debt. life estates. An estate or interest in property expressed for the life of the grantee or devisee, or for the life of another (life estate per autre vie). SEE ORS 91.030. SEE ESTATES IN LAND/PROPERTY INTERESTS. liquidated. Set or determined, as a liquidated debt is for a specific amount and a liquidated damages clause is a statement in a contract setting a set monetary penalty for violation of the contract. FURTHER INFORMATION SEE CONTRACTS. litigation. Generally the undertaking of action in a court, or the suit itself. malicious mischief. Willful and intentional injury of another's property. SEE CRIMINAL LAW AND PROCEDURE. mandamus--writ of. A special legal action, commanding a public officer to perform a legal duty. mandate. More generally the order of a court requiring judgment and order in a case. manslaughter. Unlawful killing of a human being without malice or premeditation. SEE CRIMINAL LAW AND PROCEDURE. material. Important. A material fact influences the decision of the court. mayhem. The act of maiming, disfiguring, or cutting away any part of the human body. SEE CRIMINAL LAW AND PROCEDURE. Medicare. A federal program of health insurance for the aged. minimum wage law. ORS 653.010-653.261 covers all workers with some specific exceptions. In Oregon "tipped" employees are covered by state minimum wage law and tips cannot be use to calculate hourly wage. monument. A stone or other fixed object used to establish real estate boundaries. mortgage. An agreement designating certain property as security for the payment of a debt. motion. A formal proposal, as in parliamentary law, something to be considered by a meeting or in litigation, an application to a court for an order. municipal corporation. A corporation formed to govern a town or a city. FURTHER INFORMATION MUNICIPAL CORPORATIONS. murder. Unlawful taking of a human life with malice and premeditation. SEE CRIMINAL LAW AND PROCEDURE. negotiable instrument. Any legal document which may be transferred by endorsement. notary public. A public official empowered by law to administer oaths and to attest writings for the purpose of establishing authenticity. note. An instrument of credit given to another. nuisance. Anything wrongfully done or permitted that injures or annoys another in the enjoyment of his or her legal rights. nuncupative will. An oral will made during the testator's final illness and closely preceding death. obligation. A conditional bond agreeing to pay a certain sum of money if the signer fails to do a specified thing. odometer fraud. Federal law requires a disclosure and odometer statement of milage travelled. motor Vehicle INFORMATION AND COST SAVINGS ACT, 49 USC §§ 32701-32711. ORS 815.410 prohibits odometer tampering with intent to defraud and provides for triple damages or $1500 damages and attorneys fees. option. An agreement granting the exclusive right during a stated period of time, without creating any obligation to purchase, sell or otherwise direct or contract the matter. option. An agreement granting the exclusive right during a stated period of time, without creating any obligation to purchase, sell or otherwise direct or contract the use of a property. ordinance. A regulation passed by a municipal government. parliamentary law. The generally accepted rules of procedure for public meetings or deliberative bodies. partnership. An association of two or more persons to carry on as co-owners of a business for profit. FURTHER INFORMATION SEE PARTNERSHIP. ORS 68.120 and following. passport. An official document of identification given to travelers to prove their citizenship. patent. The exclusive right to manufacture and sell an invention, granted to its inventor for a limited time. perjury. False swearing of a person under oath. A person inducing another to perjured testimony is equally guilty. SEE CRIMINAL LAW AND PROCEDURE. personalty. Property which is movable. It may also consist of the rights developed and inherent in the attached business of an enterprise or any one of the elements reflected therein, such as the rights to a trademark, a contract or the goodwill of the public. plaintiff. The person who sues another. possibility of reverter/right of entry. rights that might produce estates in land. A transfer by X to A in fee, on condition liquor is never sold on the premises, gives X and his heirs a right to regain the estate by entering on it for condition broken. A similar transfer to A until liquor shall be sold on the premises revests the land in X, without entry, as soon as liquor is sold. This is a possibility of reverter. SEE ESTATES IN LAND/PROPERTY INTERESTS. SEE ORS ch 93. power of attorney. A legal document by one person authorizing another person to act for him in certain specified matters. power of sale. A clause inserted in a will or deed of trust agreement authorizing the sale or transfer of land in accordance with the terms of the clause. prescriptive right. A legal right acquired by uninterrupted use of the right over a long period of time. SEE PRESCRIPTIVE EASEMENTS. prevailing wages. Contractors and subcontractors to governmental units for public works in excess of $10,000 are covered by prevailing wage law, ORS 279.348-279.365. principal. (1) The initial sum of a fund or investment, as distinguished from its income or profits and the original amount (as of a loan) of the total due and payable at a certain date. (2) the true party interested in a transaction, as distinguished from an agent. FURTHER DETAIL ON PRINCIPAL AND AGENT. privileged communication. A confidential statement, to a trusted person such as a doctor, lawyer. priest, or spouse; these persons are not allowed to reveal that information in court without the permission of the originator of the statement. products liability. The liability of a manufacturer or seller of a product for any injury to a consumer using the product for its intended purposes. SEE PRODUCTS LIABILITY. ORS 30.920. property. The exclusive right to control an economic good. prorate. To allocate between seller and buyer their proportionate share of an obligation paid or due. For example, a prorate of real property taxes or fire insurance. prospectus. A description of a company which invites the public to buy the securities of that company. proxy. A statement by a stockholder of a corporation appointing another person to vote in the stockholders's place at stockholders' meetings. quitclaim deed. A deed transferring all and whatever interest the seller may have in a piece of real property, without warrant. See also warranty deed. rape. Sexual intercourse without consent. SEE CRIMINAL LAW AND PROCEDURE. real property. Land or anything permanently attached to it. receiver. A person appointed by the court to hold and manage property that is involved in a lawsuit. recording. The entering or recording of a copy of certain legal instruments or documents, as a deed, in a government office provided for this purpose; thus making a public record of the document for the protection of all concerned and giving constructive notice to the public at large. redeem. To gain full possession of property by paying off a mortgage or other obligation. redemption. The recovery, by payment of all proper charges, of property which has been lost through foreclosure of a mortgage or other legal process. release. A legal document by which one party in a dispute transfers its claim to another party. release clause. A clause relinquishing a right or claim by the person in whom it exists to the person against whom it would be enforced; such as a clause in a mortgage deed reconveying the legal title to the mortgagor upon payment of the mortgage debt. remainder. Estate created by the transfer conveying away less than a fee, as in a transfer by X to A for life or for years and taking effect immediately upon the termination of that preceding estate. There could be several successive remainders. X to A for life, then to B for life, and then to C in fee, creates remainders in B and C. SEE ESTATES IN LAND/PROPERTY INTERESTS. replevin. A form of lawsuit recognized in English law seeking the remedy of recovery of goods which have been illegally taken, usually goods taken to secure payment of rent. Form of action recognized in many states. repossession. Creditor's remedy covered when sale is secured by goods which are the subject of the contract. ORS 79.5010 - 79.5070 is the part of the Uniform Commercial Code which covers default, right of a seller to repossess merchandise and redemption of collateral. reversion. The estate left in a party after conveying away less than a fee, as in a transfer by X to A for life or for years. SEE ESTATES IN LAND/PROPERTY INTERESTS. SEE ORS 93.160, 93.810. right of entry/possibility of reverter. rights that might produce estates in land. A transfer by X to A in fee, on condition liquor is never sold on the premises, gives X and his heirs a right to regain the estate by entering on it for condition broken. A similar transfer to A until liquor shall be sold on the premises revests the land in X, without entry, as soon as liquor is sold. This is a possibility of reverter. SEE ESTATES IN LAND/PROPERTY INTERESTS. SEE ORS ch 93. right of way. A person may acquire a permanent right of way over another's land by passing over that land to his or her own land for a period of time fixed by law. SEE LOSS OF PROPERTY INTERESTS. robbery. Stealing property from another by force and intimidation. It is a felony punishable by imprisonment in the penitentiary. SEE CRIMINAL LAW AND PROCEDURE. rule against perpetuities. Rule limiting the creation of future interests by will, deed or trust. At common law, any future interest must vest not later than 21 years after some life in being at the creation of the interest. SEE ESTATES IN LAND/PROPERTY INTERESTS. ORS 105.950. seal. A formal marking or stamp on a legal document; now rarely used. secure. To guarantee that a debt will be paid by giving the creditor security, such as a lien or a mortgage. In bankruptcy, a secured claim is backed by some special right to the debtor's property. secured credit sale. A sale in which the seller has the right to repossess the goods he sold if he is not fully paid. securities. Any form of investment, including stocks, bonds, and notes. FURTHER INFORMATION SEE SECURITIES. security. Property set aside to assure the payment of a debt. security agreement. A contract signed by both buyer and seller stating that the seller has an interest in the goods until they are paid for. seduction. To have intercourse with a woman of chaste reputation through false promises of marriage is a crime. SEE CRIMINAL LAW AND PROCEDURE. slander. Oral defamation. statute. Any written law created by a legislature. statute of limitations. A law or rule of court which specifies the time after which suits, enforcement of debts or other legal steps or actions barred by the passage of time. All states have such laws providing different periods of time, varying from one to twenty years for different suits or actions, within which legal actions must be brought before the courts are closed to them. In some situations, when a statute does not specify a time limit, the equitable doctrine of laches applies to bar suit, enforcement or remedy. The time is computed from the date the debt, wrong or injury is known or should have been known, and this is subject to statute and case law interpretation and must be reviewed by an attorney if there is any question about the applicable commencement, interruption of, or total period of time relating to the statute of limitations. SEE ORS 12.040-12.220, OR 30.020, and particular topic, claim or statutory right for more specific limitations on actions. statutory exemptions. Certain kinds of property that are protected by law from the claims of creditors. statutory lien. A claim on property not in the creditor's possession, such as a mechanic's lien. stolen property. Receipt or concealment stolen property with the intent not to return it to the rightful owner. SEE CRIMINAL LAW AND PROCEDURE. stoppage in transit. A right of the seller to reclaim goods before they are delivered to a purchaser if the goods are not paid for and if the purchaser is insolvent. sublease. An agreement conveying the right of use and occupancy of a property in which the lessor is the lessee in a prior lease. sue. To commence legal proceedings. surety. A person who accepts final responsibility to fulfill another person's obligation if the other person should default. surrogate court. A court that oversees the administration of wills in some states. tangible property. Property that by its nature is susceptible to the senses. Generally the land, fixed improvement, furnishings, merchandise, cash and other items of working capital used in carrying on an enterprise. tenancy. A holding, as of land, by any kind of title, occupancy of land, a house or the like under a lease or on payment of rent or tenure. tenancy in common. A tenancy shared by two or more parties. tenant. Any person in possession of lease. time draft. A draft that is payable at a specified time after it is presented. title. Evidence that a person owns a piece of property. A merchantable title is entirely free from other claims of ownership. tort. A wrong committed against an individual or an individual's property independent of a contract. FURTHER INFORMATION SEE TORTS. trademark. A distinctive, legally registered marking or symbol used by manufacturers to distinguish their products. trust deed. A type of mortgage given to trustees in order to provide security for a number of creditors. ubi jus, ibi remedium. Where there is a right, there is a remedy. ultimate facts. In practice and pleading, those facts essential to the right of an action or statement of a defense. undertaking. Promise, engagement in the form of a contract to provide security. underwriter. In insurance, the person or company that issues an insurance policy. (2) In securities, a person or group that agrees to buy a large amount of a new stock issue. Unlawful Debt Collection Practices. ORS 646.639. unfair labor practice. Certain acts prohibited by the National Labor Relating Act which interfere with the rights to collectively bargaining and representation. Unlawful Trade Practices Act. List of over 40 types of conduct by sellers of goods and services to consumers. CONSUMER WHO HAS suffered "ascertainable loss" may recover the actual damages or statutory damages of $200.00, and the prevailing party may recover attorney fees. See ORS 646.605-646.646. usury. Illegal rate of interest. SEE, ORS CHAPTER 82. valuable consideration. Something of worth given as part of a contract agreement. vend/vendor/vendee. Transfer or sell, relating to the seller and buyer. venire. A panel of jurors. vicarious liability. Legal theory whereby a principal, employer is responsible and liable at law for acts committed by agents. voir dire. Preliminary examinations of a pool of jurors by court or counsel to determine competency. waive. To knowingly give up a right by choice. warrant. (1) An assurance to a buyer that he or she will receive valid title to property, or to swear that facts stated in a contract are true. (2) The act of a criminal court authorizing the arrest of a person or the search or seizure of property. warranty. A statement relating to a sale of goods which assures the buyer that he will receive good quality merchandise. warranty deed. A deed in which a seller of real estate guarantees that the title to the property is good. way of necessity. The right to access a road when a purchaser buys a parcel or part of a parcel from an owner who does not convey a way to such roadway. SEE LOSS OF PROPERTY INTERESTS. water. In water law two distinct kinds of water (1) diffused water or water not in any definite body or form, including surface water, that is, rainwater, and water in swamps and marshes, and percolating water; and (2) definite bodies of water (surface or subterranean) including running and standing water in definite bodies. SEE WATER LAW. will. A written declaration expressing a person's intention regarding the disposition of his or her property after death. without recourse. A phrase signifying a qualified endorsement-the signer denies liability for the negotiable instrument he endorses. writ. A mandatory order from a court directing an action in a special proceeding.
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