Finals II Flashcards
IME of physical injury
Physical IME
A person qualified to conduct an IME
Licensed health care professional
IME of mental condition
Mental IME
Person with expertise in a relevant area whose advise to counsel is privileged
Consultant
Resolves issues of fact at a trial. The jury or if there is no jury the judge.
Fact finder
Witness with personal knowledge of the events at issue.
Percipient witness
Person with expertise in a relevant area who is engaged to testify at trial.
Expert witness
A list of experts that is a response for demand to exchange
Expert list
Declaration in support of information exchanged concerning expert witnesses
Expert witness declaration
Depositions of experts in state court subject to a variety of ca laundering rules
Expert depositions
10 days after the service of summons
Discovery allowed to plaintiff. Defendant any time State
30 days before trial
Discovery ends state
Courtroom
Department
A detailed statement of fact in appellate briefs
Statement of facts
Legal brief of the law and facts supporting a motion
Memorandum of points and authorities
Legal arguments
Points
Citations to the law
Authorities
Review of the facts or the law to assure accuracy
Cite checking
Brief filed by the moving party or appellant addressing arguments made in the opposition brief
Reply
Indication that argument is complete allowing the court to adjudicate the issue before it.
Submission
Order of the court recorded by the court clerk
Minute order book
Penalties assessed by the court usually for frivolous acts in bad faith.
Sanctions
Action taken without the presence of the other party
Ex parte
Determination of the merits as a matter of law when no facts are in controversy
Summary judgment motion
Trial without a jury
Bench trial
Fact which matters to the outcome and if changed or absent will affect the outcome
Material fact
Determination of individual issue or issues on the merits without trial
Summary adjudication
Ability of witness to testify to relevant facts of his own knowledge
Compatancy
Evidence inadmissable because the witness provides testimony on the truth of a statement he did not make.
Hearsay
Exception to hearsay rule based on inherent truthfulness of spontaneous statements
Spontaneity
Testimony that tangible evidence is genuine
Authentication
Courts ability to accept facts as true which are not subject to dispute.
Judicial notice
Documents filed with summary judgment motions requiring each undisputed fact and supporting evidence
Separate statement of undisputed fact
Order depending a party present reasons why a court should act
Order to show cause
System of progress review by judge at the trial level
Case management system
Settlement conference close to trial required by court rules
Mandatory settlement conference MSC
Permission of client to settle the case under specific terms and conditions
Settlement authority
Resolution of disputes by non judicial third parties
Arbitration
Alternative dispute resolution
ADR
Settlement conference with a third party
Mediation
ADR technique for assessment of case by objective third party
Neutral evaluation
A type of voluntary nonjudicial dispute resolution wherein the parties agree to be bound by the outcome
Binding arbitration
Arbitration by the consent of the parties
Voluntary arbitration
New trial
Trial de novo
