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WHAT THE WORDS MEAN

Most of what goes wrong in an encounter goes wrong at the vocabulary. A word that sounds like it means one thing often means something narrower, or wider, in the statute. Here is each word California law uses, what it actually means, and the misreading it usually collects.

72 terms

7

72 hour hold

Custody of up to 72 hours for assessment, evaluation and crisis intervention, taken on probable cause when a person, as a result of a mental health disorder, is a danger to others or to themselves, or gravely disabled. The 72 hours begin when the person is first detained.

Also called 5150, psychiatric hold, taken in for an evaluation

Custody of up to 72 hours for assessment, evaluation and crisis intervention, taken on probable cause when a person, as a result of a mental health disorder, is a danger to others or to themselves, or gravely disabled. The 72 hours begin when the person is first detained.

What it is not

It is not a criminal arrest. The statement given at the time of custody says the person is not under criminal arrest but is being taken for an examination by mental health professionals.

A

Aggravated trespass

Entering or remaining in someone's dwelling without consent while a resident or another authorized person is present, punishable by up to one year in county jail.

Also called trespass, trespassing

Entering or remaining in someone's dwelling without consent while a resident or another authorized person is present, punishable by up to one year in county jail.

Assault

An unlawful attempt, coupled with a present ability, to commit a violent injury on another person.

Also called simple assault

An unlawful attempt, coupled with a present ability, to commit a violent injury on another person.

What it is not

An assault needs no touching. Battery is the use of force itself.

B

Bail schedule

The county's uniform list of bail amounts, which sets bail before a defendant has appeared before a judge when no warrant names an amount.

Also called bail amount

The county's uniform list of bail amounts, which sets bail before a defendant has appeared before a judge when no warrant names an amount.

What it is not

After an appearance, bail is the amount the judge sets.

Basic speed law

The rule against driving on a highway faster than is reasonable or prudent given the weather, visibility, traffic and the road, and in no event at a speed that endangers people or property.

Also called speed limit

The rule against driving on a highway faster than is reasonable or prudent given the weather, visibility, traffic and the road, and in no event at a speed that endangers people or property.

What it is not

A driver can break it while under the posted number.

Battery

Any willful and unlawful use of force or violence on another person, punishable by a fine of up to $2,000, up to six months in county jail, or both.

Also called simple battery

Any willful and unlawful use of force or violence on another person, punishable by a fine of up to $2,000, up to six months in county jail, or both.

What it is not

A battery needs no injury.

Breach of the security of the system

What the section requires a business to disclose to each affected resident within 30 calendar days of discovery or notification of the breach. If more than 500 California residents are notified from a single breach, a sample copy of the notice goes to the Attorney General.

Also called data breach, breach notice

What the section requires a business to disclose to each affected resident within 30 calendar days of discovery or notification of the breach. If more than 500 California residents are notified from a single breach, a sample copy of the notice goes to the Attorney General.

C

Cannabis

Lawful at 21 years of age or older to possess, transport or give away not more than 28.5 grams, and not more than eight grams of concentrated cannabis, and to grow not more than six living plants.

Also called marijuana, weed

Lawful at 21 years of age or older to possess, transport or give away not more than 28.5 grams, and not more than eight grams of concentrated cannabis, and to grow not more than six living plants.

What it is not

Conduct the section makes lawful is not a basis for detention, search or arrest.

Child passenger restraint

The rear seat restraint a child under eight years of age rides in, rear facing under two unless the child weighs 40 or more pounds or is 40 or more inches tall.

Also called car seat, booster seat

The rear seat restraint a child under eight years of age rides in, rear facing under two unless the child weighs 40 or more pounds or is 40 or more inches tall.

Civil harassment order

A court order against unlawful violence, a credible threat of violence, or a course of harassing conduct, which can last up to five years after a hearing.

Also called restraining order

A court order against unlawful violence, a credible threat of violence, or a course of harassing conduct, which can last up to five years after a hearing.

What it is not

It is not a domestic violence order, which comes under the Family Code's own division.

Civil protective custody

Custody in which an officer, if reasonably able to, takes a person found intoxicated in public to a designated facility for 72 hour treatment and evaluation.

Also called public intoxication, drunk in public

Custody in which an officer, if reasonably able to, takes a person found intoxicated in public to a designated facility for 72 hour treatment and evaluation.

Community property

Property acquired by a married person during the marriage while living in California, which the court divides equally unless the parties agree otherwise.

Also called marital property

Property acquired by a married person during the marriage while living in California, which the court divides equally unless the parties agree otherwise.

Confidential communication

A communication carried on in circumstances that reasonably indicate a party wants it confined to the parties.

Also called private conversation

A communication carried on in circumstances that reasonably indicate a party wants it confined to the parties.

D

Dismissal after probation

Withdrawing a guilty plea or setting aside a verdict and dismissing the case after probation ends, releasing the person from the penalties and disabilities of the offense, with exceptions.

Also called expungement, clearing a record

Withdrawing a guilty plea or setting aside a verdict and dismissing the case after probation ends, releasing the person from the penalties and disabilities of the offense, with exceptions.

What it is not

It does not erase the conviction for every purpose: it may still be pleaded and proved in a later prosecution, and a firearm bar stays.

Disturbing the peace

Unlawfully fighting in public, maliciously disturbing others with loud and unreasonable noise, or using offensive words in public inherently likely to provoke an immediate violent reaction. Up to 90 days in county jail, a fine of up to $400, or both.

Also called disorderly conduct

Unlawfully fighting in public, maliciously disturbing others with loud and unreasonable noise, or using offensive words in public inherently likely to provoke an immediate violent reaction. Up to 90 days in county jail, a fine of up to $400, or both.

Domestic violence restraining order

An order after a hearing barring abuse, contact and disturbing the peace, which can last up to five years and be renewed without a showing of further abuse.

Also called DVRO, protective order

An order after a hearing barring abuse, contact and disturbing the peace, which can last up to five years and be renewed without a showing of further abuse.

What it is not

Disturbing the peace includes conduct that destroys mental or emotional calm, including coercive control, not only physical harm.

Driving under the influence

Driving under the influence of alcohol or any drug, or with 0.08 percent or more of alcohol in the blood. A first conviction carries not less than 96 hours in county jail.

Also called DUI, drunk driving

Driving under the influence of alcohol or any drug, or with 0.08 percent or more of alcohol in the blood. A first conviction carries not less than 96 hours in county jail.

Driving while suspended

Driving while the privilege is suspended or revoked, when the driver knows of it.

Also called suspended license, driving on a suspended license

Driving while the privilege is suspended or revoked, when the driver knows of it.

What it is not

Knowledge is conclusively presumed if the Department of Motor Vehicles mailed the notice.

Duty to mitigate

When a tenant breaches and abandons, the landlord recovers future rent only to the extent it exceeds what the tenant proves could reasonably have been avoided.

Also called breaking a lease

When a tenant breaches and abandons, the landlord recovers future rent only to the extent it exceeds what the tenant proves could reasonably have been avoided.

E

Earnings withholding order

An order taking part of disposable earnings, at most the lesser of 20 percent, or 40 percent of what exceeds 48 times the minimum hourly wage, in a week.

Also called wage garnishment, garnishment

An order taking part of disposable earnings, at most the lesser of 20 percent, or 40 percent of what exceeds 48 times the minimum hourly wage, in a week.

Electronic Communications Privacy Act

The law under which a government entity may get into information on an electronic device only in the ways listed, among them a warrant, a wiretap order, or the specific consent of the device's authorized possessor.

Also called CalECPA, phone search

The law under which a government entity may get into information on an electronic device only in the ways listed, among them a warrant, a wiretap order, or the specific consent of the device's authorized possessor.

Emergency care

Medical or nonmedical care or assistance rendered in good faith, and not for compensation, at the scene of an emergency. The person who gives it is not liable for civil damages from any act or omission other than gross negligence or willful or wanton misconduct.

Also called Good Samaritan, first aid at the scene

Medical or nonmedical care or assistance rendered in good faith, and not for compensation, at the scene of an emergency. The person who gives it is not liable for civil damages from any act or omission other than gross negligence or willful or wanton misconduct.

What it is not

The scene of an emergency does not include emergency departments and other places where medical care is usually offered.

Evading

Willfully fleeing a pursuing police vehicle showing a red light and distinctively marked, with a uniformed officer driving. A misdemeanor, up to one year in county jail.

Also called fleeing police

Willfully fleeing a pursuing police vehicle showing a red light and distinctively marked, with a uniformed officer driving. A misdemeanor, up to one year in county jail.

F

False identity

Falsely representing oneself as another person or a fictitious person to a peace officer upon a lawful detention or arrest, to evade the process of the court or proper identification. A misdemeanor.

Also called false name, do i have to give my name

Falsely representing oneself as another person or a fictitious person to a peace officer upon a lawful detention or arrest, to evade the process of the court or proper identification. A misdemeanor.

What it is not

The section punishes a false identity, not silence.

G

Government claim

A claim for death or injury to a person against a public entity, presented not later than six months after the cause of action accrues.

Also called suing the city, claim against a public entity

A claim for death or injury to a person against a public entity, presented not later than six months after the cause of action accrues.

H

Hazing

Any method of initiation or preinitiation into a student organization or student body, recognized by the school or not, that is likely to cause serious bodily injury to a former, current or prospective student.

Also called initiation, pledging

Any method of initiation or preinitiation into a student organization or student body, recognized by the school or not, that is likely to cause serious bodily injury to a former, current or prospective student.

What it is not

Customary athletic events and school sanctioned events are not hazing.

Home solicitation contract

A contract of $25 or more made somewhere other than the seller's normal place of business, which the buyer may cancel until midnight of the third business day after signing.

Also called door to door sale, cooling off period

A contract of $25 or more made somewhere other than the seller's normal place of business, which the buyer may cancel until midnight of the third business day after signing.

What it is not

A senior citizen has until midnight of the fifth business day.

I

Infraction

An offense classified as an infraction, carrying a fine up to $250 when no other punishment is set.

Also called ticket

An offense classified as an infraction, carrying a fine up to $250 when no other punishment is set.

What it is not

It is not a misdemeanor, which can carry up to six months in county jail.

Initial inspection

An inspection the tenant may ask for in writing, no earlier than two weeks before the tenancy ends, so there is a chance to fix what the landlord would otherwise deduct for.

Also called pre move out inspection

An inspection the tenant may ask for in writing, no earlier than two weeks before the tenancy ends, so there is a chance to fix what the landlord would otherwise deduct for.

Inspection of records

Looking at a patient's records during business hours within five working days after the provider receives the request, with one other person of the patient's choosing.

Also called see my chart, look at my records

Looking at a patient's records during business hours within five working days after the provider receives the request, with one other person of the patient's choosing.

What it is not

It is not the same as a copy. A copy is a separate entitlement, transmitted within 15 days after the provider receives the request.

Irreconcilable differences

Differences that have caused the irremediable breakdown of the marriage, one of two grounds for dissolution.

Also called no fault divorce, dissolution

Differences that have caused the irremediable breakdown of the marriage, one of two grounds for dissolution.

What it is not

The marriage cannot end sooner than six months from service of the summons and petition.

Itemized statement

The statement of the basis for and amount of any security kept, furnished no later than 21 calendar days after the tenant has vacated, with the rest returned.

Also called deposit deductions

The statement of the basis for and amount of any security kept, furnished no later than 21 calendar days after the tenant has vacated, with the rest returned.

What it is not

A landlord who in bad faith fails to give it on time is not entitled to claim any of the security.

J

Just cause

The reason, stated in the written notice, an owner needs to end most tenancies once a tenant has continuously and lawfully occupied a home for 12 months.

Also called just cause eviction, Tenant Protection Act

The reason, stated in the written notice, an owner needs to end most tenancies once a tenant has continuously and lawfully occupied a home for 12 months.

What it is not

No fault does not mean no cost: for a no fault termination, the owner pays relocation assistance or waives the final month's rent.

L

License to carry

The license a county sheriff issues to carry a concealed handgun, to a resident at least 21 years of age who completes the required training.

Also called CCW, concealed carry license

The license a county sheriff issues to carry a concealed handgun, to a resident at least 21 years of age who completes the required training.

What it is not

It does not reach every place. A license holder may not carry in a courthouse, a hospital, on public transit, or in a park, among others.

Locked container

How the code lets a handgun travel: unloaded and locked in the trunk or in a locked container in the vehicle.

Also called transporting a gun

How the code lets a handgun travel: unloaded and locked in the trunk or in a locked container in the vehicle.

M

Mandated reporter

A person who, in a professional capacity or within the scope of employment, knows of or reasonably suspects child abuse or neglect, and reports it by telephone immediately or as soon as practicably possible, with a written follow up within 36 hours.

Also called required reporter, child abuse report

A person who, in a professional capacity or within the scope of employment, knows of or reasonably suspects child abuse or neglect, and reports it by telephone immediately or as soon as practicably possible, with a written follow up within 36 hours.

What it is not

The duty is the professional one. In a private capacity, a mandated reporter is one of the other persons who may report.

Marriage of long duration

A marriage of 10 years or more, from marriage to separation, over which the court keeps jurisdiction over support indefinitely.

Also called spousal support, alimony

A marriage of 10 years or more, from marriage to separation, over which the court keeps jurisdiction over support indefinitely.

What it is not

For shorter marriages, the reasonable period for becoming self-supporting is generally one-half the length of the marriage.

Minor in possession

A person under 21 years of age possessing an alcoholic beverage in a public place, a misdemeanor punished by a fine of $250 or 24 to 32 hours of community service.

Also called underage drinking

A person under 21 years of age possessing an alcoholic beverage in a public place, a misdemeanor punished by a fine of $250 or 24 to 32 hours of community service.

N

Night service

Serving a search warrant outside 7 a.m. to 10 p.m., which a magistrate may authorize for good cause by writing it into the warrant.

Also called search warrant at night

Serving a search warrant outside 7 a.m. to 10 p.m., which a magistrate may authorize for good cause by writing it into the warrant.

Notice to appear

The notice an officer writes for a Vehicle Code violation that is not a felony. Signing it is a written promise to appear, and once the driver signs, the officer releases the driver.

Also called ticket, citation

The notice an officer writes for a Vehicle Code violation that is not a felony. Signing it is a written promise to appear, and once the driver signs, the officer releases the driver.

What it is not

Signing it is a promise, not an admission.

O

Objectively reasonable force

The force a peace officer may use to effect an arrest, prevent escape or overcome resistance. Deadly force is justified only to defend against an imminent threat of death or serious bodily injury, or to stop a dangerous fleeing felon.

Also called use of force standard

The force a peace officer may use to effect an arrest, prevent escape or overcome resistance. Deadly force is justified only to defend against an imminent threat of death or serious bodily injury, or to stop a dangerous fleeing felon.

What it is not

Imminent is not a fear of future harm, however great the fear.

Open container

An opened bottle, can or other container of an alcoholic beverage, which neither the driver nor a passenger may have in a motor vehicle on a highway.

Also called open bottle

An opened bottle, can or other container of an alcoholic beverage, which neither the driver nor a passenger may have in a motor vehicle on a highway.

What it is not

The glove box does not count as storage. Only the trunk, or in a vehicle with no trunk an area not normally occupied, is outside the rule.

Own recognizance

Release on a promise to appear, to which a defendant held on a misdemeanor is entitled unless the court finds on the record it would compromise public safety or not reasonably assure appearance.

Also called OR release, bail

Release on a promise to appear, to which a defendant held on a misdemeanor is entitled unless the court finds on the record it would compromise public safety or not reasonably assure appearance.

P

Petty theft

Theft where the value taken does not exceed $950, a misdemeanor punishable by a fine of up to $1,000, up to six months in county jail, or both.

Also called shoplifting, theft

Theft where the value taken does not exceed $950, a misdemeanor punishable by a fine of up to $1,000, up to six months in county jail, or both.

What it is not

It is not grand theft, which begins above $950, or with property taken from the person, an automobile or a firearm.

Posted agenda

The list a legislative body posts at least 72 hours before a regular meeting, with a brief general description of each item of business to be transacted or discussed, including items for closed session.

Also called meeting agenda, Brown Act agenda

The list a legislative body posts at least 72 hours before a regular meeting, with a brief general description of each item of business to be transacted or discussed, including items for closed session.

What it is not

It is not a formality. No action or discussion is undertaken on an item not appearing on it, apart from brief responses and the narrow exceptions the section sets.

Preliminary alcohol screening test

A field sobriety test the officer tells the person can be refused.

Also called PAS test, roadside breath test

A field sobriety test the officer tells the person can be refused.

What it is not

It is not the implied consent test. Taking it does not satisfy the obligation to take a blood, breath or urine test after an arrest.

Public Records Act request

A request the agency answers within 10 days of receipt, saying whether it seeks disclosable records and when they will be available.

Also called CPRA, public records

A request the agency answers within 10 days of receipt, saying whether it seeks disclosable records and when they will be available.

What it is not

The agency can extend that by no more than 14 days, and only in the unusual circumstances the section lists.

R

Reckless driving

Driving on a highway or in an offstreet parking facility in willful or wanton disregard for the safety of persons or property, punished by five to 90 days in county jail, a fine of $145 to $1,000, or both.

Also called reckless

Driving on a highway or in an offstreet parking facility in willful or wanton disregard for the safety of persons or property, punished by five to 90 days in county jail, a fine of $145 to $1,000, or both.

Repair and deduct

The tenant's remedy when the landlord does not repair within a reasonable time after notice: making a repair that costs no more than one month's rent and deducting it from the rent.

Also called fix it myself

The tenant's remedy when the landlord does not repair within a reasonable time after notice: making a repair that costs no more than one month's rent and deducting it from the rent.

What it is not

It is available no more than twice in any 12 month period.

Resisting, delaying or obstructing

Willfully resisting, delaying or obstructing a peace officer in the discharge of a duty, punishable by a fine of up to $1,000, up to one year in county jail, or both.

Also called resisting arrest, obstruction

Willfully resisting, delaying or obstructing a peace officer in the discharge of a duty, punishable by a fine of up to $1,000, up to one year in county jail, or both.

What it is not

Recording an officer in a public place is not, by itself, resisting, delaying or obstructing.

Restitution

The refund a manufacturer makes when it cannot repair a new vehicle after a reasonable number of attempts: the price paid, with taxes, fees and incidental damages, less an amount for use.

Also called lemon law refund, lemon law

The refund a manufacturer makes when it cannot repair a new vehicle after a reasonable number of attempts: the price paid, with taxes, fees and incidental damages, less an amount for use.

What it is not

The buyer may choose restitution and can never be made to accept a replacement.

Retaliation

Evicting, raising the rent or cutting services within 180 days after a tenant, not behind on rent, gives notice to repair or complains about the condition of the home.

Also called retaliatory eviction

Evicting, raising the rent or cutting services within 180 days after a tenant, not behind on rent, gives notice to repair or complains about the condition of the home.

What it is not

Threatening to report a tenant to immigration authorities is retaliation.

Right of entry

The landlord's limited right to enter, on reasonable written notice with the date, approximate time and purpose, during normal business hours. Twenty-four hours is presumed reasonable.

Also called landlord entry, 24 hours notice

The landlord's limited right to enter, on reasonable written notice with the date, approximate time and purpose, during normal business hours. Twenty-four hours is presumed reasonable.

What it is not

It is not a right of access at will. The landlord may not abuse it or use it to harass the tenant.

Rosenthal Act

California's debt collection law, reaching anyone who regularly collects covered debts in the ordinary course of business.

Also called debt collector, Fair Debt Collection Practices Act

California's debt collection law, reaching anyone who regularly collects covered debts in the ordinary course of business.

What it is not

It is not limited to collection agencies. A creditor collecting its own debts is covered too.

S

Secret ballot

A vote whose result is not tied to the member who cast it. No legislative body of a local agency may take action by secret ballot, whether preliminary or final, and the body publicly reports each member's vote or abstention.

Also called anonymous vote

A vote whose result is not tied to the member who cast it. No legislative body of a local agency may take action by secret ballot, whether preliminary or final, and the body publicly reports each member's vote or abstention.

Security

Any payment, fee, deposit or charge imposed at the beginning of a residential tenancy, including an advance payment of rent, whatever the landlord calls it.

Also called security deposit, deposit, cleaning fee

Any payment, fee, deposit or charge imposed at the beginning of a residential tenancy, including an advance payment of rent, whatever the landlord calls it.

What it is not

A lease may not call any security nonrefundable.

Shoplifting

Entering an open store during regular business hours intending to steal property worth $950 or less. A misdemeanor.

Also called retail theft

Entering an open store during regular business hours intending to steal property worth $950 or less. A misdemeanor.

What it is not

A person charged with shoplifting may not also be charged with burglary or theft of the same property.

Single swipe or tap

The only hand use allowed on a phone while driving: on a device mounted on the windshield, dashboard or console, to activate or deactivate a feature.

Also called hands free, phone while driving

The only hand use allowed on a phone while driving: on a device mounted on the windshield, dashboard or console, to activate or deactivate a feature.

What it is not

A driver under 18 may not use a phone at all while driving, even hands free.

Small claims

The court for claims up to $12,500 by a natural person, where no attorney takes part, with narrow exceptions.

Also called small claims court

The court for claims up to $12,500 by a natural person, where no attorney takes part, with narrow exceptions.

Stalking

Willfully, maliciously and repeatedly following or harassing someone and making a credible threat intended to place them in reasonable fear for their safety.

Also called course of conduct

Willfully, maliciously and repeatedly following or harassing someone and making a credible threat intended to place them in reasonable fear for their safety.

What it is not

A course of conduct is two or more acts over a period of time, however short, and constitutionally protected activity is not included.

U

Unlawful detainer

The court case through which a landlord gets a home back. For unpaid rent it starts with a written notice giving three days, not counting Saturdays, Sundays and judicial holidays, to pay or give up possession.

Also called eviction case, eviction

The court case through which a landlord gets a home back. For unpaid rent it starts with a written notice giving three days, not counting Saturdays, Sundays and judicial holidays, to pay or give up possession.

What it is not

Three days is not three calendar days. Weekends and judicial holidays are not counted.

Untenantable

Substantially lacking any of the standard characteristics the Civil Code lists, such as weather protection, working plumbing, hot and cold water, heating, or freedom from rodents and vermin.

Also called uninhabitable, habitability

Substantially lacking any of the standard characteristics the Civil Code lists, such as weather protection, working plumbing, hot and cold water, heating, or freedom from rodents and vermin.

Utility shutoff

Cutting off water, heat, electricity, gas or another utility, changing the locks, or removing doors or windows to end a tenant's occupancy. The landlord owes actual damages and up to $100 for each day it continues.

Also called lockout, self help eviction

Cutting off water, heat, electricity, gas or another utility, changing the locks, or removing doors or windows to end a tenant's occupancy. The landlord owes actual damages and up to $100 for each day it continues.

W

Wage statement

The statement with each payment showing gross and net wages, hours, rates, deductions and the pay period.

Also called pay stub

The statement with each payment showing gross and net wages, hours, rates, deductions and the pay period.

Waiting time penalty

Wages that keep running, at the same rate, when an employer willfully fails to pay final wages on time, for not more than 30 days.

Also called final paycheck, last paycheck

Wages that keep running, at the same rate, when an employer willfully fails to pay final wages on time, for not more than 30 days.

What it is not

A discharged employee's final wages are due immediately, not on the next payday.

Wobbler

A crime punishable either as a felony or a misdemeanor, in the court's discretion, which becomes a misdemeanor for all purposes in the cases the section lists.

Also called felony or misdemeanor

A crime punishable either as a felony or a misdemeanor, in the court's discretion, which becomes a misdemeanor for all purposes in the cases the section lists.

Writ of possession

The writ a levying officer serves after the landlord wins. If the occupants have not left within five days of that service, the officer removes them.

Also called lockout by sheriff

The writ a levying officer serves after the landlord wins. If the occupants have not left within five days of that service, the officer removes them.

What it is not

The response to the case itself is due within 10 days of service, excluding Saturdays, Sundays and judicial holidays.

Z

Zero tolerance

The rule that a person under 21 may not drive with a blood alcohol concentration of 0.01 percent or more.

Also called under 21 drinking and driving

The rule that a person under 21 may not drive with a blood alcohol concentration of 0.01 percent or more.

About this guide — definitions, not applications. Whether a word describes what happened in a particular case is exactly the question a licensed California attorney answers and a glossary cannot. Current as of September 2026.