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California Civil Litigation > Finals II > Flashcards

Finals II Flashcards

0
Q

IME of physical injury

A

Physical IME

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1
Q

A person qualified to conduct an IME

A

Licensed health care professional

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2
Q

IME of mental condition

A

Mental IME

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3
Q

Person with expertise in a relevant area whose advise to counsel is privileged

A

Consultant

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4
Q

Resolves issues of fact at a trial. The jury or if there is no jury the judge.

A

Fact finder

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5
Q

Witness with personal knowledge of the events at issue.

A

Percipient witness

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6
Q

Person with expertise in a relevant area who is engaged to testify at trial.

A

Expert witness

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7
Q

A list of experts that is a response for demand to exchange

A

Expert list

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8
Q

Declaration in support of information exchanged concerning expert witnesses

A

Expert witness declaration

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9
Q

Depositions of experts in state court subject to a variety of ca laundering rules

A

Expert depositions

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10
Q

10 days after the service of summons

A

Discovery allowed to plaintiff. Defendant any time State

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11
Q

30 days before trial

A

Discovery ends state

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12
Q

Courtroom

A

Department

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13
Q

A detailed statement of fact in appellate briefs

A

Statement of facts

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14
Q

Legal brief of the law and facts supporting a motion

A

Memorandum of points and authorities

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15
Q

Legal arguments

A

Points

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16
Q

Citations to the law

A

Authorities

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17
Q

Review of the facts or the law to assure accuracy

A

Cite checking

18
Q

Brief filed by the moving party or appellant addressing arguments made in the opposition brief

A

Reply

19
Q

Indication that argument is complete allowing the court to adjudicate the issue before it.

A

Submission

20
Q

Order of the court recorded by the court clerk

A

Minute order book

21
Q

Penalties assessed by the court usually for frivolous acts in bad faith.

A

Sanctions

22
Q

Action taken without the presence of the other party

A

Ex parte

23
Q

Determination of the merits as a matter of law when no facts are in controversy

A

Summary judgment motion

24
Q

Trial without a jury

A

Bench trial

25
Q

Fact which matters to the outcome and if changed or absent will affect the outcome

A

Material fact

26
Q

Determination of individual issue or issues on the merits without trial

A

Summary adjudication

27
Q

Ability of witness to testify to relevant facts of his own knowledge

A

Compatancy

28
Q

Evidence inadmissable because the witness provides testimony on the truth of a statement he did not make.

A

Hearsay

29
Q

Exception to hearsay rule based on inherent truthfulness of spontaneous statements

A

Spontaneity

30
Q

Testimony that tangible evidence is genuine

A

Authentication

31
Q

Courts ability to accept facts as true which are not subject to dispute.

A

Judicial notice

32
Q

Documents filed with summary judgment motions requiring each undisputed fact and supporting evidence

A

Separate statement of undisputed fact

33
Q

Order depending a party present reasons why a court should act

A

Order to show cause

34
Q

System of progress review by judge at the trial level

A

Case management system

35
Q

Settlement conference close to trial required by court rules

A

Mandatory settlement conference MSC

36
Q

Permission of client to settle the case under specific terms and conditions

A

Settlement authority

37
Q

Resolution of disputes by non judicial third parties

A

Arbitration

38
Q

Alternative dispute resolution

A

ADR

39
Q

Settlement conference with a third party

A

Mediation

40
Q

ADR technique for assessment of case by objective third party

A

Neutral evaluation

41
Q

A type of voluntary nonjudicial dispute resolution wherein the parties agree to be bound by the outcome

A

Binding arbitration

42
Q

Arbitration by the consent of the parties

A

Voluntary arbitration

43
Q

New trial

A

Trial de novo

California Civil Litigation (23 decks)

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