Texas Family Code Chapter 153 – Conservatorship, Possession, and Access

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Terms Used In Texas Family Code Chapter 153 - Conservatorship, Possession, and Access

• Affidavit : means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
• Affidavit : A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Alcoholic beverage : means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. See Texas Alcoholic Beverage Code 1.04
• Allegation : something that someone says happened.
• Appeal : A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant : means a person who submits or files an original or renewal application with the commission for a license or permit. See Texas Alcoholic Beverage Code 1.04
• Appraisal : A determination of property value.
• Assets : (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Chambers : A judge's office.
• Commission : means the Texas Alcoholic Beverage Commission. See Texas Alcoholic Beverage Code 1.04
• Complaint : A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Comptroller : means the state comptroller of public accounts. See Texas Government Code 312.011
• Conviction : A judgement of guilt against a criminal defendant.
• Corporation : A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages : Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dependent : A person dependent for support upon another.
• Docket : A log containing brief entries of court proceedings.
• Effects : includes all personal property and all interest in that property. See Texas Government Code 312.011
• Evidence : Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Extradition : The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Federal Reserve System : The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
• Fiduciary : A trustee, executor, or administrator.
• Guardian : A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• in writing : includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
• Indemnification : In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
• Injunction : An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Joint resolution : A legislative measure which requires the approval of both chambers.
• Jurisdiction : (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Justice : when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
• Lease : A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
• Licensee : means a person who is the holder of a license provided in this code, or any agent, servant, or employee of that person. See Texas Alcoholic Beverage Code 1.04
• Lien : A claim against real or personal property in satisfaction of a debt.
• Litigation : A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Month : means a calendar month. See Texas Government Code 312.011
• Mortgage : The written agreement pledging property to a creditor as collateral for a loan.
• National Bank : A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
• Obligation : An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Partnership : A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person : means a natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them. See Texas Alcoholic Beverage Code 1.04
• Personal property : All property that is not real property.
• Premises : has the meaning given it in § 11. See Texas Alcoholic Beverage Code 1.04
• Real property : Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder : An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Restitution : The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Rule : includes regulation. See Texas Government Code 311.005
• Settlement : Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Signed : includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
• Statute : A law passed by a legislature.
• sworn : includes affirm or affirmed. See Texas Government Code 312.011
• Temporary restraining order : Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testify : Answer questions in court.
• Testimony : Evidence presented orally by witnesses during trials or before grand juries.
• Transcript : A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial : A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee : A person or institution holding and administering property in trust.
• United States : includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
• Verdict : The decision of a petit jury or a judge.
• Week : means seven consecutive days. See Texas Government Code 311.005
• Written : includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
• Year : means 12 consecutive months. See Texas Government Code 311.005