DEFINITIONS

Question 1

§ 100 - Application of Definitions

Answer 1

Unless the provision or context otherwise requires, these definitions govern the construction of this code.

Question 2

§ 105 - “Action”

Answer 2

A civil action and a criminal action.

Question 3

§ 110 - “Burden of Producing Evidence”

What does the “burden of producing evidence” mean?

Answer 3

A party’s obligation to introduce evidence sufficient to avoid a ruling against him on the issue.

Question 4

§ 115 - “Burden of Proof”

What does the “burden of proof” mean?

Answer 4

A party’s obligation to establish by evidence the required degree of belief in the court’s mind concerning a fact.

e.g., required degree of proof = clear and convincing evidence

Question 5

§ 115 - Burden of Proof: Different Degrees

What are the three degrees for a party’s burden of proof?

Answer 5

1. Preponderance of the evidence.
2. Clear and convincing evidence.
3. Proof beyond a reasonable doubt.

Question 6

§ 115 - Burden of Proof: Default Burden

What is the default burden of proof?

Answer 6

Except as otherwise provided by law, the burdened party must present proof by a preponderance of the evidence.

i.e., The lowest threshold degree of proof.

Question 7

§ 120 - Civil Action

Answer 7

“Civil action” includes civil proceedings.

Question 8

§ 125 - “Conduct”

What counts as “conduct?”

Answer 8

“Conduct” includes all active and passive behavior, both verbal and nonverbal.

Question 9

§ 130 - Criminal Action

Answer 9

“Criminal action” includes criminal proceedings.

Question 10

§ 135 - Declarant

Who is a “declarant?”

Answer 10

A “declarant” is a person who makes a statement.

i.e., The one who declares something: can be made orally or in writing.

Question 11

§ 140 - “Evidence”

What constitutes “evidence?”

Answer 11

Testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact.

Question 12

§ 145 - “The Hearing”

Answer 12

“The hearing” means the hearing at which a question under this code arises . . .

Question 13

§ 160 - The Law

Answer 13

Constitutional, statutory, and decisional law.

Question 14

§ 165 - “Oath”

What is an oath?

Answer 14

An affirmation or declaration made under penalty of perjury.

Note: Such affirmations can be made orally or in writing.

Question 15

§ 170 - “Perceive”

What does it mean to “perceive?”

Answer 15

To acquire knowledge through one’s senses.

Question 16

§ 175 - Person

Answer 16

A natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity.

Question 17

§ 177 - Dependent Person

Answer 17

A person . . . who has a physical or mental impairment that substantially restricts his ability to carry out normal activities or to protect his rights . . .

Question 18

§ 180 - Personal Property

Answer 18

Includes money, goods, chattels, things in action, and evidences of debt.

Question 19

§ 185 - Property

Answer 19

Includes both real and personal property.

Question 20

§ 190 - “Proof”

What does “proof” mean?

Answer 20

“Proof” is the establishment by evidence of a requisite degree of belief concerning a fact in the mind of the trier of fact or the court.

Question 21

§ 205 - Real Property

Answer 21

“Real property” includes lands, tenements, and hereditaments.

Question 22

§ 210 - “Relevant Evidence”

What is “relevant evidence?”

Answer 22

Evidence having any tendency in reason to prove or disprove a disputed fact that is of consequence to the determination of the case.

Includes assessing the credibility of a witness or hearsay declarant.

Question 23

§ 215 - “Spouse”

Who counts as a “spouse?”

Answer 23

“Spouse” includes married couples and registered domestic partners.

Per Family Code § 297.5.

Question 24

§ 225 - “Statement”

What counts as a “statement?”

Answer 24

A statement is:
1. An oral or written verbal expression; or
2. Nonverbal conduct intended as a substitute for oral or written verbal expression.

Defintion of verbal: of or relating to words.

Question 25

§ 230 - Statute

Answer 25

“Statute” includes a treaty and a constitutional provision.

Question 26

§ 240 (a) - “Unavailable Witness”

What constitues an “unavailable witness?”

Answer 26

An “unavailable witness” is a declarant who is:

1. Exempted or precluded from testifying based on a legal privilege.
2. Disqualified from testifying.
3. Dead
4. Unable to testify due to an existing physical or mental illness or infirmity.
5. Absent from the hearing and the court is unable to compel his attendance.
6. Absent from the hearing and the party has exercised reasonable diligence but has been unable to procure his attendance by subpoena.
7. Persistently refuses to testify despite having been found in contempt for refusal to testify.

Question 27

§ 240 (b) - Unavailable Witness Based on Wrongdoing

What is the exception to the “unavailable witness” rule?

Answer 27

A declarant is not unavailable as a witness if the absence was brought about by the party’s procurment or wrongdoing to prevent the declarant from testifying.

Question 28

§ 240 (c) - Unavailable Witness Due to Trauma

Answer 28

An “unavilable witness” could include one who is physically or emotionaly unable to testify due to trauma caused by an alleged crime.

An expert witness must testify that:
1. The witness is physically unable to testify or will suffer substantial trauma if required to testify; and
2. The alleged crime was sufficiently severe to cause the physical or emotional trauma.

An “expert” means a physician, surgeon, psychiatrist, or any person described in Evidence Code § 1010 (b), (c), or (e).

Question 29

§ 250 - “Writing”

Answer 29

“Writing” means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.

Question 30

§ 255 - “Original” Writing

What counts as an “original” writing?

Answer 30

An “original” writing is:
1. The writing itself; or
2. Any counterpart intended to have the same effect by the person executing or issuing the writing.  

Question 31

§ 255 - “Original” Photograph

What counts as an “original” photograph?

Answer 31

An “original” of a photograph includes the negative or any print therefrom.  

Question 32

§ 255 - “Original” Data

What counst as “original” data?

Answer 32

If data is stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an “original.”

Question 33

§ 260 - “Duplicate”

Answer 33

A “duplicate” is an accurate reproduction of the original, including enlargments and minatures.

It is a counterpart produced by or from:
1. The same impression as the original;
2. The same matrix;
3. Means of photography;
4. A mechanical or electronic rerecording;
5. A chemical reproduction; or
6. Another equivalent technique that creates an accurate reproduction.