DEFINITIONS Flashcards
(33 cards)
§ 100 - Application of Definitions
Unless the provision or context otherwise requires, these definitions govern the construction of this code.
§ 105 - “Action”
A civil action and a criminal action.
§ 110 - “Burden of Producing Evidence”
What does the “burden of producing evidence” mean?
A party’s obligation to introduce evidence sufficient to avoid a ruling against him on the issue.
§ 115 - “Burden of Proof”
What does the “burden of proof” mean?
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
§ 115 - Burden of Proof: Different Degrees
What are the three degrees for a party’s burden of proof?
- Preponderance of the evidence.
- Clear and convincing evidence.
- Proof beyond a reasonable doubt.
§ 115 - Burden of Proof: Default Burden
What is the default burden of proof?
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.
§ 120 - Civil Action
“Civil action” includes civil proceedings.
§ 125 - “Conduct”
What counts as “conduct?”
“Conduct” includes all active and passive behavior, both verbal and nonverbal.
§ 130 - Criminal Action
“Criminal action” includes criminal proceedings.
§ 135 - Declarant
Who is a “declarant?”
A “declarant” is a person who makes a statement.
i.e., The one who declares something: can be made orally or in writing.
§ 140 - “Evidence”
What constitutes “evidence?”
Testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact.
§ 145 - “The Hearing”
“The hearing” means the hearing at which a question under this code arises . . .
§ 160 - The Law
Constitutional, statutory, and decisional law.
§ 165 - “Oath”
What is an oath?
An affirmation or declaration made under penalty of perjury.
Note: Such affirmations can be made orally or in writing.
§ 170 - “Perceive”
What does it mean to “perceive?”
To acquire knowledge through one’s senses.
§ 175 - Person
A natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity.
§ 177 - Dependent Person
A person . . . who has a physical or mental impairment that substantially restricts his ability to carry out normal activities or to protect his rights . . .
§ 180 - Personal Property
Includes money, goods, chattels, things in action, and evidences of debt.
§ 185 - Property
Includes both real and personal property.
§ 190 - “Proof”
What does “proof” mean?
“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.
§ 205 - Real Property
“Real property” includes lands, tenements, and hereditaments.
§ 210 - “Relevant Evidence”
What is “relevant evidence?”
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.
§ 215 - “Spouse”
Who counts as a “spouse?”
“Spouse” includes married couples and registered domestic partners.
Per Family Code § 297.5.
§ 225 - “Statement”
What counts as a “statement?”
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.