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 Oregon law uses, what it actually means, and the misreading it usually collects.
86 terms
A
Advance directive
A document a capable adult executes, signed and then either witnessed and signed by at least two adults or notarized, which may appoint a health care representative to make health care decisions if the adult becomes incapable.
Also called living will
A document a capable adult executes, signed and then either witnessed and signed by at least two adults or notarized, which may appoint a health care representative to make health care decisions if the adult becomes incapable.
Adverse possession
Acquiring title to land by actual, open, notorious, exclusive, hostile and continuous possession for 10 years, begun and kept with an honest belief of being the actual owner that had an objective basis and was reasonable, each element proved by clear and convincing evidence.
Also called squatter's rights
Acquiring title to land by actual, open, notorious, exclusive, hostile and continuous possession for 10 years, begun and kept with an honest belief of being the actual owner that had an objective basis and was reasonable, each element proved by clear and convincing evidence.
What it is not
Possession alone is not enough. The person entering had to honestly believe, when the possession began, that the person was the actual owner.
Age of majority
18 years, from which a person has control of the person's own actions and business, with all the rights and liabilities of a citizen of full age. A person who marries according to law is also deemed to have reached majority.
Also called adulthood, turning 18
18 years, from which a person has control of the person's own actions and business, with all the rights and liabilities of a citizen of full age. A person who marries according to law is also deemed to have reached majority.
Agent
The person a power of attorney names to act for the principal, who has to use the principal's property for the principal's benefit unless the document provides otherwise.
Also called attorney in fact
The person a power of attorney names to act for the principal, who has to use the principal's property for the principal's benefit unless the document provides otherwise.
What it is not
The authority ends with the principal's death or the other listed events, but an agent who acts in good faith without actual knowledge of the event still binds the principal and the estate.
Assessed value
The value most Oregon property is taxed on: the lesser of its maximum assessed value and its real market value.
Also called taxable value
The value most Oregon property is taxed on: the lesser of its maximum assessed value and its real market value.
What it is not
It is not the market value. Where the maximum assessed value is lower, that is the value taxed.
Assistance animal
A dog, or another animal designated by rule, individually trained to do work or perform tasks for the benefit of an individual.
Also called service dog, service animal
A dog, or another animal designated by rule, individually trained to do work or perform tasks for the benefit of an individual.
What it is not
A place of public accommodation may not require documentation that an animal is one, or charge a fee for it even where it charges one for pets.
B
Bona fide occupational qualification
One of the two reasons an employer may ask an applicant's age or date of birth, or when the applicant attended or graduated from school, before an initial interview or a conditional offer; the other is to comply with another law.
Also called BFOQ
One of the two reasons an employer may ask an applicant's age or date of birth, or when the applicant attended or graduated from school, before an initial interview or a conditional offer; the other is to comply with another law.
Breach of the peace
The line a secured party taking collateral without a court may not cross. The section does not define it; what crosses the line is decided by courts on the facts.
Also called repo confrontation
The line a secured party taking collateral without a court may not cross. The section does not define it; what crosses the line is decided by courts on the facts.
C
Child-parent relationship
One of two relationships that let a person who is not a legal parent seek relief. It has to have existed within the six months before filing, and with it the presumption that the legal parent acts in the child's best interest is rebutted by a preponderance of the evidence.
Also called psychological parent
One of two relationships that let a person who is not a legal parent seek relief. It has to have existed within the six months before filing, and with it the presumption that the legal parent acts in the child's best interest is rebutted by a preponderance of the evidence.
Claim of lien
The claim filed with the county recording officer not later than 75 days after the claimant stopped furnishing labor, materials or equipment, or after construction was completed, whichever is earlier.
Also called filing a lien
The claim filed with the county recording officer not later than 75 days after the claimant stopped furnishing labor, materials or equipment, or after construction was completed, whichever is earlier.
Clear and convincing evidence
The standard a court applies before appointing a guardian, and the one a forfeiting agency meets to forfeit real property.
Also called the higher standard
The standard a court applies before appointing a guardian, and the one a forfeiting agency meets to forfeit real property.
What it is not
It is a higher standard than a preponderance of the evidence, which is what forfeiting personal property takes.
Command to disperse
The command, in the name of the State of Oregon, that the sheriff and deputies, or a mayor or chief executive officer of a city, may give when five or more persons are unlawfully assembled. If they do not immediately disperse, they may be arrested for any unlawful activity constituting an offense.
Also called order to disperse, unlawful assembly
The command, in the name of the State of Oregon, that the sheriff and deputies, or a mayor or chief executive officer of a city, may give when five or more persons are unlawfully assembled. If they do not immediately disperse, they may be arrested for any unlawful activity constituting an offense.
Commercially reasonable
The standard every aspect of the sale or other disposition of repossessed collateral has to meet: its method, manner, time, place and terms.
Also called fair sale
The standard every aspect of the sale or other disposition of repossessed collateral has to meet: its method, manner, time, place and terms.
Concealed handgun license
The license a county sheriff issues to carry a concealed handgun, to an applicant at least 21 years of age and a resident of the county who meets the section's other conditions. A person licensed to carry a concealed handgun is one of the exceptions to the concealment rule.
Also called CHL, carry permit
The license a county sheriff issues to carry a concealed handgun, to an applicant at least 21 years of age and a resident of the county who meets the section's other conditions. A person licensed to carry a concealed handgun is one of the exceptions to the concealment rule.
Consent to search
Agreement to a search, which an officer at a traffic stop, or at a stop on suspicion of a crime, may request only after first informing the person of the right to refuse. If it is given, the officer ensures there is a written, video or audio record that it was informed and voluntary.
Also called mind if I look, permission to search
Agreement to a search, which an officer at a traffic stop, or at a stop on suspicion of a crime, may request only after first informing the person of the right to refuse. If it is given, the officer ensures there is a written, video or audio record that it was informed and voluntary.
What it is not
The rule does not cover implied consent tests for intoxicants.
Construction lien
A lien on an improvement held by anyone who performs labor on, transports or furnishes material for, or rents equipment used in its construction at the request of the owner or the owner's construction agent, and by an architect, engineer or surveyor whose plans or supervision the owner asked for.
Also called mechanic's lien, contractor's lien
A lien on an improvement held by anyone who performs labor on, transports or furnishes material for, or rents equipment used in its construction at the request of the owner or the owner's construction agent, and by an architect, engineer or surveyor whose plans or supervision the owner asked for.
Consumer fireworks
Cone and cylindrical fountains, flitter sparklers, ground spinners, illuminating torches and wheels, and other items with 500 grams or less of pyrotechnic composition that the State Fire Marshal recognizes by rule as suitable for retail sale to the public.
Also called safe and sane fireworks
Cone and cylindrical fountains, flitter sparklers, ground spinners, illuminating torches and wheels, and other items with 500 grams or less of pyrotechnic composition that the State Fire Marshal recognizes by rule as suitable for retail sale to the public.
What it is not
A state permit does not make them lawful where a city, county or fire protection district prohibits them.
Conversation
For the recording rule, the stricter of two cases: obtaining any part of a conversation by any device is barred if not all participants are specifically informed that it is being obtained, outside the exceptions the section lists.
Also called in person talk, face to face
For the recording rule, the stricter of two cases: obtaining any part of a conversation by any device is barred if not all participants are specifically informed that it is being obtained, outside the exceptions the section lists.
What it is not
A telephone or radio call is the other case, where the consent of at least one participant is enough.
Criminal mistreatment in the first degree
A person with a legal duty to care for another, or who has taken on that care, intentionally or knowingly withholding necessary and adequate food, physical care or medical attention, or causing physical injury to a dependent person. A Class C felony.
Also called neglect of a dependent
A person with a legal duty to care for another, or who has taken on that care, intentionally or knowingly withholding necessary and adequate food, physical care or medical attention, or causing physical injury to a dependent person. A Class C felony.
Curing the default
Where the default is missed payments, paying what would then be due had there been no default, plus the costs of enforcing it, at any time prior to five days before the date last set for the sale. The trustee then dismisses the proceedings and the loan is reinstated as if there had been no acceleration.
Also called reinstatement, catching up
Where the default is missed payments, paying what would then be due had there been no default, plus the costs of enforcing it, at any time prior to five days before the date last set for the sale. The trustee then dismisses the proceedings and the loan is reinstated as if there had been no acceleration.
Custody for an evaluation
A peace officer taking into custody a person the officer has probable cause to believe is a danger to self or others and in need of immediate care, custody or treatment for mental illness, and taking the person to an approved hospital or nonhospital facility as the community mental health program director directs.
Also called mental health hold, taken in
A peace officer taking into custody a person the officer has probable cause to believe is a danger to self or others and in need of immediate care, custody or treatment for mental illness, and taking the person to an approved hospital or nonhospital facility as the community mental health program director directs.
What it is not
It is not an admission. A practitioner examines the person immediately, and a person not found to need emergency care may not be kept in custody.
D
Deadly physical force
Force a peace officer may use only when it is objectively reasonable to believe the person poses an imminent threat of death or serious physical injury and it is necessary to defend against it, or to arrest or prevent the escape of someone the officer has probable cause to believe committed a violent felony.
Also called deadly force, lethal force
Force a peace officer may use only when it is objectively reasonable to believe the person poses an imminent threat of death or serious physical injury and it is necessary to defend against it, or to arrest or prevent the escape of someone the officer has probable cause to believe committed a violent felony.
What it is not
Nothing in the deadly force section justifies reckless or criminally negligent conduct toward innocent bystanders.
Default judgment for possession
A judgment for possession for the landlord, which is entered only if the landlord appears at the first appearance and the tenant does not.
Also called default, losing by not showing up
A judgment for possession for the landlord, which is entered only if the landlord appears at the first appearance and the tenant does not.
What it is not
It does not run only against tenants: if the tenant appears and the landlord does not, the complaint is dismissed.
Deficiency
The part of the debt a foreclosure sale did not cover. An action for one may not be brought after a trustee's sale, or after a judicial foreclosure of a residential trust deed, with the narrow exceptions the section sets out.
Also called the balance after foreclosure
The part of the debt a foreclosure sale did not cover. An action for one may not be brought after a trustee's sale, or after a judicial foreclosure of a residential trust deed, with the narrow exceptions the section sets out.
Disorderly conduct in the second degree
Fighting or violent, tumultuous or threatening behavior, unreasonable noise, disturbing a lawful assembly, or obstructing vehicular or pedestrian traffic on a public way, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk of it. A Class B misdemeanor.
Also called disorderly conduct, disturbing the peace
Fighting or violent, tumultuous or threatening behavior, unreasonable noise, disturbing a lawful assembly, or obstructing vehicular or pedestrian traffic on a public way, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk of it. A Class B misdemeanor.
What it is not
It is a Class A misdemeanor within 200 feet of a funeral service the person knows is being conducted.
Driving uninsured
Operating a motor vehicle on a highway or premises open to the public without a qualifying liability policy, or other proof of financial responsibility on file with the Department of Transportation. A Class B traffic violation.
Also called no insurance
Operating a motor vehicle on a highway or premises open to the public without a qualifying liability policy, or other proof of financial responsibility on file with the Department of Transportation. A Class B traffic violation.
Drug paraphernalia
Equipment that is unlawful to sell or deliver, or to possess or manufacture with intent to sell or deliver, knowing it will be used to grow, make, prepare, store, conceal or introduce a controlled substance into the body unlawfully.
Also called pipes, drug gear
Equipment that is unlawful to sell or deliver, or to possess or manufacture with intent to sell or deliver, knowing it will be used to grow, make, prepare, store, conceal or introduce a controlled substance into the body unlawfully.
What it is not
Hypodermic syringes and needles, single-use drug test strips, drug testing tools and other items designed to reduce the harm of drug use are not drug paraphernalia.
E
Electric assisted bicycle
A bicycle in one of three classes set by when its motor assists and the speed at which it stops assisting: 20 miles per hour for Class 1 and Class 2, and 28 for Class 3. It is considered a bicycle rather than a motor vehicle under the Vehicle Code, except where a statute specifically provides otherwise.
Also called e-bike
A bicycle in one of three classes set by when its motor assists and the speed at which it stops assisting: 20 miles per hour for Class 1 and Class 2, and 28 for Class 3. It is considered a bicycle rather than a motor vehicle under the Vehicle Code, except where a statute specifically provides otherwise.
What it is not
Being a bicycle does not put it on the sidewalk. Operating one on a sidewalk is unsafe operation of a bicycle on a sidewalk, a Class D traffic violation.
Emergency medical assistance
Medical or dental care given voluntarily and without expecting payment, outside a place where emergency care is regularly available, to an injured person in need of immediate care, where helping is the only alternative to death or serious physical aftereffects.
Also called first aid at the scene
Medical or dental care given voluntarily and without expecting payment, outside a place where emergency care is regularly available, to an injured person in need of immediate care, where helping is the only alternative to death or serious physical aftereffects.
What it is not
Helping does not by itself create a duty to provide further care.
Executive session
A session of a governing body closed to the public, held for subjects the law lists after the presiding officer identifies the authority for it. News media representatives may generally attend.
Also called closed session
A session of a governing body closed to the public, held for subjects the law lists after the presiding officer identifies the authority for it. News media representatives may generally attend.
What it is not
No executive session may be held to take final action or make a final decision.
F
Failure to report as a sex offender
The crime of not making a report the registration law requires. A Class A misdemeanor in general, and a Class C felony for failing to make the initial report.
Also called registry violation
The crime of not making a report the registration law requires. A Class A misdemeanor in general, and a Class C felony for failing to make the initial report.
Felon in possession of a firearm
A person convicted of a felony under the law of Oregon, any other state or the United States owning, possessing or controlling any firearm. A Class C felony.
Also called felon with a gun
A person convicted of a felony under the law of Oregon, any other state or the United States owning, possessing or controlling any firearm. A Class C felony.
What it is not
A conviction the court declared a misdemeanor at judgment does not count as a felony conviction for the section.
Felon in possession of a restricted weapon
A person convicted of a felony owning, possessing or controlling a knife whose blade projects or swings into position by force of a spring or by centrifugal force, a blackjack, slungshot, sandbag or metal knuckles, or carrying a dirk, dagger or stiletto. A Class A misdemeanor.
Also called felon with a knife, restricted weapon
A person convicted of a felony owning, possessing or controlling a knife whose blade projects or swings into position by force of a spring or by centrifugal force, a blackjack, slungshot, sandbag or metal knuckles, or carrying a dirk, dagger or stiletto. A Class A misdemeanor.
What it is not
Concealment is not part of it. The offense is having the weapon, whether or not it is concealed.
First appearance
The court date the clerk sets after a landlord files for possession: 15 days after the judicial day following payment of the filing fee for a nonpayment claim, and seven days after for other claims.
Also called eviction hearing, FED hearing
The court date the clerk sets after a landlord files for possession: 15 days after the judicial day following payment of the filing fee for a nonpayment claim, and seven days after for other claims.
What it is not
It is not the trial. If both sides appear and the case has not settled, the court sets a trial, for a nonpayment claim no earlier than 15 days and no later than 30 days after the appearance.
Foreclosure by advertisement and sale
A trustee's foreclosure of a trust deed without a lawsuit, allowed only if the trust deed and any assignments are recorded, there is a default, a notice of default electing to sell has been recorded in the county, and no action to recover the debt is pending.
Also called nonjudicial foreclosure, trustee's sale
A trustee's foreclosure of a trust deed without a lawsuit, allowed only if the trust deed and any assignments are recorded, there is a default, a notice of default electing to sell has been recorded in the county, and no action to recover the debt is pending.
Forfeiture
Taking property as proceeds or an instrumentality of a crime. In every Oregon forfeiture action the forfeiting agency has to prove that a person has been convicted of a crime that constitutes prohibited conduct.
Also called civil forfeiture, asset seizure
Taking property as proceeds or an instrumentality of a crime. In every Oregon forfeiture action the forfeiting agency has to prove that a person has been convicted of a crime that constitutes prohibited conduct.
What it is not
Property of someone never convicted can be forfeited only if another person was convicted and the owner took it to defeat forfeiture, knew or should have known it was proceeds, or acquiesced in the conduct.
Future responsibility filing
The filing an owner or driver of a vehicle in an accident while it was operated uninsured, who is not exempt, has to make within 30 days after the accident.
Also called SR-22, proof of insurance filing
The filing an owner or driver of a vehicle in an accident while it was operated uninsured, who is not exempt, has to make within 30 days after the accident.
What it is not
It is not optional paperwork. Not making it is a Class B traffic violation and subjects the person to suspension of driving privileges.
G
Good cause
In a workers' compensation claim, a showing that lets a late step go forward: good cause for notice of an injury given after the 90 days, where it is given within one year after the accident, and good cause for a request for a hearing filed after the 60th day but by the 180th day after a denial was mailed.
Also called a reason for being late
In a workers' compensation claim, a showing that lets a late step go forward: good cause for notice of an injury given after the 90 days, where it is given within one year after the accident, and good cause for a request for a hearing filed after the 60th day but by the 180th day after a denial was mailed.
Gross negligence
The fault a complaining party has to allege and prove to recover damages from a person for acts or omissions while rendering emergency medical assistance.
Also called the Good Samaritan exception
The fault a complaining party has to allege and prove to recover damages from a person for acts or omissions while rendering emergency medical assistance.
Guardian
A person a court appoints to provide continuing care and supervision, only on findings by clear and convincing evidence, with an order no more restrictive of the person's liberty than is reasonably necessary.
Also called adult guardianship
A person a court appoints to provide continuing care and supervision, only on findings by clear and convincing evidence, with an order no more restrictive of the person's liberty than is reasonably necessary.
What it is not
An adult under guardianship is not presumed incompetent, and keeps every legal and civil right except those the court expressly limits or gives to the guardian.
H
Hazing
A student organization, or a member of one, intentionally hazing a member, potential member or pledge as a condition of joining or of gaining an office or status in the organization.
Also called initiation
A student organization, or a member of one, intentionally hazing a member, potential member or pledge as a condition of joining or of gaining an office or status in the organization.
What it is not
That the person hazed agreed to it is not a defense.
Health care representative
A competent adult appointed in an advance directive to make health care decisions if the person becomes incapable. The appointment takes effect when the representative accepts it.
Also called health care proxy
A competent adult appointed in an advance directive to make health care decisions if the person becomes incapable. The appointment takes effect when the representative accepts it.
What it is not
Unless related by blood, marriage or adoption, the person's attending physician or provider, or an owner, operator or employee of the facility where the person is a patient, may not serve, unless appointed before admission.
Hostile possession
Possession under a claim of right or under color of title, a written conveyance or a claim by operation of law from one.
Also called claim of right
Possession under a claim of right or under color of title, a written conveyance or a claim by operation of law from one.
What it is not
Grazing livestock, without more, is not enough.
I
Illegally altered plate
A registration plate altered, covered or obscured in any way, including a change of its color, numbers, letters or material, a covering other than a frame or plate holder that changes its appearance, or a frame that makes the numbers, letters or stickers unreadable.
Also called plate cover, tinted plate frame
A registration plate altered, covered or obscured in any way, including a change of its color, numbers, letters or material, a covering other than a frame or plate holder that changes its appearance, or a frame that makes the numbers, letters or stickers unreadable.
Immunity for calling about an overdose
The protection the person who contacts emergency medical services or law enforcement for someone experiencing a drug-related overdose, and the person who needed the help, have from arrest, prosecution or a civil penalty for the listed offenses, where the evidence was obtained because of the call.
Also called Good Samaritan overdose law
The protection the person who contacts emergency medical services or law enforcement for someone experiencing a drug-related overdose, and the person who needed the help, have from arrest, prosecution or a civil penalty for the listed offenses, where the evidence was obtained because of the call.
What it is not
It does not reach other crimes, such as selling or manufacturing, and does not suppress evidence of them.
Implied consent on the water
Anyone who operates a boat on Oregon waters is deemed to consent to a breath test, and to a urine test for other substances, if arrested for boating under the influence, after being told of the rights and consequences.
Also called boating breath test
Anyone who operates a boat on Oregon waters is deemed to consent to a breath test, and to a urine test for other substances, if arrested for boating under the influence, after being told of the rights and consequences.
L
Last month's rent deposit
A deposit applied to the last month's rent when either side gives notice to end the tenancy, other than a notice for nonpayment.
Also called last month's rent, last month's deposit
A deposit applied to the last month's rent when either side gives notice to end the tenancy, other than a notice for nonpayment.
Licensed independent practitioner
The professional who examines a person brought in by a peace officer, immediately, and who, if unrelated to the person, may detain and admit the person, or approve emergency care at a nonhospital facility, on finding a danger to self or others in need of emergency care.
Also called the examining doctor
The professional who examines a person brought in by a peace officer, immediately, and who, if unrelated to the person, may detain and admit the person, or approve emergency care at a nonhospital facility, on finding a danger to self or others in need of emergency care.
M
Marital presumption
The rule that a person married to the parent who gave birth at the time of the birth is presumed to be the child's parent, and so is a former spouse if the child is born within 300 days after the marriage ended, unless the child was conceived under a gestational surrogacy agreement.
Also called presumed parent, presumed father
The rule that a person married to the parent who gave birth at the time of the birth is presumed to be the child's parent, and so is a former spouse if the child is born within 300 days after the marriage ended, unless the child was conceived under a gestational surrogacy agreement.
Maximum assessed value
103 percent of the prior year's assessed value, or 100 percent of the prior year's maximum assessed value, whichever is greater.
Also called MAV
103 percent of the prior year's assessed value, or 100 percent of the prior year's maximum assessed value, whichever is greater.
What it is not
The limit does not hold for new property or a new improvement, a partition or subdivision, a rezoning, omitted property being added, or the loss of an exemption or special assessment.
Minor habitability defect
A defect that can reasonably be fixed for not more than $300, such as leaky plumbing, a stopped up toilet or a faulty light switch.
Also called small repair
A defect that can reasonably be fixed for not more than $300, such as leaky plumbing, a stopped up toilet or a faulty light switch.
What it is not
Mold, radon, asbestos and lead-based paint are not minor defects.
N
Net intestate estate
What passes without a will. A surviving spouse takes all of it when every descendant is also the spouse's, or when there is no descendant, and one-half when one or more descendants are not the spouse's.
Also called estate without a will
What passes without a will. A surviving spouse takes all of it when every descendant is also the spouse's, or when there is no descendant, and one-half when one or more descendants are not the spouse's.
Notario publico
A term a notary public who is not a licensed attorney may not use, any more than the notary may advertise or represent that the notary can draft legal records, give legal advice or practice law.
Also called notario
A term a notary public who is not a licensed attorney may not use, any more than the notary may advertise or represent that the notary can draft legal records, give legal advice or practice law.
What it is not
An Oregon notary commission does not authorize anyone to act as an immigration consultant or represent anyone in an immigration proceeding.
Notice of nonpayment
The landlord's written notice stating the nonpayment, the intention to end the rental agreement if the rent is not paid within the notice period, the amount that has to be paid, and the date and time by which it has to be paid. Paying within that period cures the nonpayment.
Also called 72 hour notice, 10 day notice, 13 day notice
The landlord's written notice stating the nonpayment, the intention to end the rental agreement if the rent is not paid within the notice period, the amount that has to be paid, and the date and time by which it has to be paid. Paying within that period cures the nonpayment.
What it is not
It cannot be given as soon as rent is late. The earliest day of the rental period for each kind of notice is set by the section.
Notice of right to a lien
The notice someone furnishing labor, materials or equipment who was not hired by the owner directly gives the owner. The lien can be perfected only for what was furnished after a date eight days before it was delivered or mailed, not counting weekends and holidays.
Also called pre-lien notice
The notice someone furnishing labor, materials or equipment who was not hired by the owner directly gives the owner. The lien can be perfected only for what was furnished after a date eight days before it was delivered or mailed, not counting weekends and holidays.
O
Objectively reasonable
The test for any physical force by an Oregon peace officer: it has to be objectively reasonable, under the totality of the circumstances the officer knows, to believe the person poses an imminent threat of physical injury, or that force is needed for a lawful arrest or to prevent an escape.
Also called reasonable force
The test for any physical force by an Oregon peace officer: it has to be objectively reasonable, under the totality of the circumstances the officer knows, to believe the person poses an imminent threat of physical injury, or that force is needed for a lawful arrest or to prevent an escape.
What it is not
Meeting the test does not allow unlimited force. The force may go only as far as the officer reasonably believes necessary for that purpose.
Ongoing personal relationship
A relationship with a child with substantial continuity for at least one year. With it, the presumption that the legal parent acts in the child's best interest has to be rebutted by clear and convincing evidence, for visitation or contact.
Also called grandparent relationship
A relationship with a child with substantial continuity for at least one year. With it, the presumption that the legal parent acts in the child's best interest has to be rebutted by clear and convincing evidence, for visitation or contact.
Openly and in plain view
One of the conditions on recording a conversation with an officer performing official duties without everyone being informed: the recording is made openly and in plain view, the conversation is audible by normal unaided hearing, and the person recording is where the person lawfully may be.
Also called recording police, filming an officer
One of the conditions on recording a conversation with an officer performing official duties without everyone being informed: the recording is made openly and in plain view, the conversation is audible by normal unaided hearing, and the person recording is where the person lawfully may be.
What it is not
The exception does not authorize criminal trespass or interfering with a peace officer.
P
Parental liability
The liability of the parents of an unemancipated minor for actual damages to person or property caused by a tort the child commits intentionally or recklessly, up to not more than $7,500 payable to the same claimant.
Also called parents pay for damage
The liability of the parents of an unemancipated minor for actual damages to person or property caused by a tort the child commits intentionally or recklessly, up to not more than $7,500 payable to the same claimant.
What it is not
A parent not entitled to legal custody of the child at the time is not liable under the section, and foster parents are outside it.
Personal representative
In a wrongful death action, the person who sues, for the surviving spouse, children, parents, others entitled to inherit, and stepchildren and stepparents, when a death is caused by another's wrongful act or omission.
Also called executor, administrator
In a wrongful death action, the person who sues, for the surviving spouse, children, parents, others entitled to inherit, and stepchildren and stepparents, when a death is caused by another's wrongful act or omission.
Place of employment
For the smoking law, an enclosed area an employer controls, including vehicles used for work by more than one employee, but not a private residence unless it is used as a child care or adult day care facility.
Also called workplace
For the smoking law, an enclosed area an employer controls, including vehicles used for work by more than one employee, but not a private residence unless it is used as a child care or adult day care facility.
Power of attorney
A written document in which a principal names someone as agent. With no words delaying or limiting when it takes effect, it is effective when executed, and the agent may go on acting even after the principal becomes financially incapable.
Also called durable power of attorney, POA
A written document in which a principal names someone as agent. With no words delaying or limiting when it takes effect, it is effective when executed, and the agent may go on acting even after the principal becomes financially incapable.
What it is not
It does not have to wait for incapacity, and it does not end with it, unless the document says so.
Preponderance of the evidence
The standard a forfeiting agency meets to forfeit personal property. Real property takes clear and convincing evidence.
Also called more likely than not
The standard a forfeiting agency meets to forfeit personal property. Real property takes clear and convincing evidence.
Property value appeals board
The county board an owner, or someone obligated to pay the taxes, may petition for a reduction from the time the tax statements are mailed until December 31. It adjourns no later than April 15.
Also called board of property tax appeals, tax appeal
The county board an owner, or someone obligated to pay the taxes, may petition for a reduction from the time the tax statements are mailed until December 31. It adjourns no later than April 15.
Q
Qualified interpreter
One who can transfer the meaning of statements to and from English, keeping their meaning, tone, level, style and register, without additions or omissions, and who can interpret the person's dialect, slang or specialized vocabulary.
Also called court interpreter
One who can transfer the meaning of statements to and from English, keeping their meaning, tone, level, style and register, without additions or omissions, and who can interpret the person's dialect, slang or specialized vocabulary.
What it is not
No one may be charged for the appointment of the interpreter.
R
Readily accessible
For a handgun in a vehicle, within the passenger compartment. Where a vehicle has no storage outside the passenger compartment, a handgun in a closed and locked glove compartment, center console or other container, with the key out of the lock, is not readily accessible.
Also called within reach, gun in the car
For a handgun in a vehicle, within the passenger compartment. Where a vehicle has no storage outside the passenger compartment, a handgun in a closed and locked glove compartment, center console or other container, with the key out of the lock, is not readily accessible.
What it is not
A firearm carried openly in a belt holster is not concealed within the meaning of the section.
Reasonable physical force
Force a parent or legal guardian of a minor child may use when, and to the extent, the parent reasonably believes it necessary to maintain discipline or promote the child's welfare. Force used that way is justified and not criminal.
Also called spanking, discipline
Force a parent or legal guardian of a minor child may use when, and to the extent, the parent reasonably believes it necessary to maintain discipline or promote the child's welfare. Force used that way is justified and not criminal.
What it is not
The justification ends where the physical force constitutes abuse as the child welfare statutes define it.
Reasonable suspicion
The suspicion of criminal activity that circumstances arising during a traffic stop have to give before the officer may inquire into them.
Also called suspicion of a crime
The suspicion of criminal activity that circumstances arising during a traffic stop have to give before the officer may inquire into them.
Redeeming collateral
Getting repossessed collateral back by tendering fulfillment of every obligation it secures, plus the reasonable expenses and attorney fees of retaking and disposing of it, before the secured party has collected on it, disposed of it or contracted to, or accepted it in satisfaction of the debt.
Also called getting the car back
Getting repossessed collateral back by tendering fulfillment of every obligation it secures, plus the reasonable expenses and attorney fees of retaking and disposing of it, before the secured party has collected on it, disposed of it or contracted to, or accepted it in satisfaction of the debt.
What it is not
It is not catching up on the missed payments alone. The tender is of every obligation the collateral secures.
Redemption period
The two years after a judgment of foreclosure for taxes during which the county holds the property and anyone with an interest in it at the date of the judgment, their heirs or devisees, or a lienholder of record, may redeem it by paying the full amount under the judgment with interest, plus a penalty of five percent and a fee of $50 or more.
Also called redeeming after tax foreclosure
The two years after a judgment of foreclosure for taxes during which the county holds the property and anyone with an interest in it at the date of the judgment, their heirs or devisees, or a lienholder of record, may redeem it by paying the full amount under the judgment with interest, plus a penalty of five percent and a fee of $50 or more.
Relief from the disability
A grant that lifts the firearm bar a felony conviction places on a person. A person granted relief from the disability, or whose record was expunged, is outside the felon in possession rule.
Also called gun rights restored
A grant that lifts the firearm bar a felony conviction places on a person. A person granted relief from the disability, or whose record was expunged, is outside the felon in possession rule.
What it is not
It is not the only way out of the rule: a person convicted of only one felony that involved no criminal homicide and no firearm or switchblade is outside it once discharged from imprisonment, parole or probation for 15 years.
Repair and deduct
The tenant's remedy for a minor habitability defect the landlord fails to fix after written notice: having it repaired in a workmanlike way by someone other than the tenant, and deducting the actual and reasonable cost, up to $300, from later rent.
Also called fix it and take it off the rent
The tenant's remedy for a minor habitability defect the landlord fails to fix after written notice: having it repaired in a workmanlike way by someone other than the tenant, and deducting the actual and reasonable cost, up to $300, from later rent.
What it is not
It is not available if the tenant knew of the defect for more than six months before giving notice, or for a condition the tenant or the tenant's guests caused.
Respondent
The person a guardianship petition is about. If the respondent objects, a hearing has to be held, and the respondent may appear in person or through a lawyer.
Also called the person the petition is about
The person a guardianship petition is about. If the respondent objects, a hearing has to be held, and the respondent may appear in person or through a lawyer.
Retaliation against a resident
A facility raising charges, cutting services or privileges, threatening either, pressuring a resident to leave, or harassing or abusing a resident, because the resident exercised the residents' rights. It is prohibited.
Also called nursing home retaliation
A facility raising charges, cutting services or privileges, threatening either, pressuring a resident to leave, or harassing or abusing a resident, because the resident exercised the residents' rights. It is prohibited.
Return identification envelope
The envelope a voter signs to return a mailed ballot. A ballot is counted only if returned in the signed envelope and the signature is verified against the registration record.
Also called ballot envelope
The envelope a voter signs to return a mailed ballot. A ballot is counted only if returned in the signed envelope and the signature is verified against the registration record.
Riot
Participating with five or more other persons in tumultuous and violent conduct that intentionally or recklessly creates a grave risk of causing public alarm. A Class C felony.
Also called rioting
Participating with five or more other persons in tumultuous and violent conduct that intentionally or recklessly creates a grave risk of causing public alarm. A Class C felony.
S
Secured party
The party, such as the lender on a car loan, that after a default may take possession of the collateral, through judicial process, or without judicial process if it proceeds without breach of the peace.
Also called the lender, the finance company
The party, such as the lender on a car loan, that after a default may take possession of the collateral, through judicial process, or without judicial process if it proceeds without breach of the peace.
Simple estate affidavit
The affidavit by which an estate of not more than $75,000 in personal property and not more than $200,000 in real property may be handled instead of a full probate, filed not until 30 days after the death.
Also called small estate affidavit
The affidavit by which an estate of not more than $75,000 in personal property and not more than $200,000 in real property may be handled instead of a full probate, filed not until 30 days after the death.
Solemnization
The declaration two people make, in the presence of a person or organization authorized to solemnize marriages and at least two witnesses, that they take each other to be spouses, which completes a marriage entered into as a civil contract.
Also called the ceremony
The declaration two people make, in the presence of a person or organization authorized to solemnize marriages and at least two witnesses, that they take each other to be spouses, which completes a marriage entered into as a civil contract.
What it is not
Living together, for however long, does not by itself meet the definition of marriage.
Special meeting
A meeting of a governing body other than a regular one, which needs at least 24 hours' notice. An emergency meeting may be held on less, but its minutes have to describe the emergency.
Also called called meeting
A meeting of a governing body other than a regular one, which needs at least 24 hours' notice. An emergency meeting may be held on less, but its minutes have to describe the emergency.
Switchblade
A knife whose blade projects or swings into position by force of a spring or by centrifugal force. Carrying one concealed upon the person is a Class B misdemeanor.
Also called automatic knife, spring knife
A knife whose blade projects or swings into position by force of a spring or by centrifugal force. Carrying one concealed upon the person is a Class B misdemeanor.
What it is not
Carrying an ordinary knife is not made a crime by the concealed weapons section.
T
Traffic violation
An offense for which an Oregon police officer may stop and detain a person for an investigation reasonably related to it, identification and issuing a citation, but for which the officer may not arrest.
Also called ticket, citation
An offense for which an Oregon police officer may stop and detain a person for an investigation reasonably related to it, identification and issuing a citation, but for which the officer may not arrest.
What it is not
It is not a traffic crime. An officer may arrest for a traffic crime as other statutes allow.
U
Unlawful employment practice
An employer refusing to hire, barring or discharging, or discriminating in pay or in the terms, conditions or privileges of employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, or age if the person is 18 or older.
Also called discrimination at work
An employer refusing to hire, barring or discharging, or discriminating in pay or in the terms, conditions or privileges of employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, or age if the person is 18 or older.
What it is not
Retaliating against someone for opposing an unlawful practice or taking part in a complaint is itself unlawful.
V
Verified written complaint
The complaint a person claiming to be aggrieved files with the Commissioner of the Bureau of Labor and Industries. One alleging a practice the discrimination section forbids is filed no later than five years after it occurred.
Also called BOLI complaint
The complaint a person claiming to be aggrieved files with the Commissioner of the Bureau of Labor and Industries. One alleging a practice the discrimination section forbids is filed no later than five years after it occurred.
What it is not
It may not be filed once a civil action alleging the same matters has been started in state or federal court.
Voluntary acknowledgment of parentage
A form the parent who gave birth and the child's alleged genetic parent file with the State Registrar. Once effective and not rescinded or set aside, it is equivalent to a court's adjudication of parentage.
Also called paternity affidavit, acknowledgment of paternity
A form the parent who gave birth and the child's alleged genetic parent file with the State Registrar. Once effective and not rescinded or set aside, it is equivalent to a court's adjudication of parentage.
What it is not
After the period to rescind, it can be set aside in circuit court only for fraud, duress or a material mistake of fact.
W
Written accounting
The statement a landlord gives a tenant, stating specifically the basis of a claim against the deposit or prepaid rent, within 31 days after the tenancy ends and the tenant delivers possession.
Also called itemized deductions, deposit statement
The statement a landlord gives a tenant, stating specifically the basis of a claim against the deposit or prepaid rent, within 31 days after the tenancy ends and the tenant delivers possession.
What it is not
Without one, the landlord has no claim to keep part of the deposit, and the tenant may recover twice the amount withheld without it.
About this guide — definitions, not applications. Whether a word describes what happened in a particular case is exactly the question a licensed Oregon attorney answers and a glossary cannot. Current as of October 2026.