Words and Phrases Defined
Section § 100
This section establishes that unless there's a specific requirement or the context indicates differently, the definitions provided will be used to interpret this code.
Section § 105
This law defines the term "action" to include both civil and criminal cases. So, when the law refers to an "action," it means any legal proceeding in court, whether it's about a dispute between individuals or involves criminal charges.
Section § 110
This section explains that the 'burden of producing evidence' refers to a party's responsibility to present enough evidence to prevent a decision against them on a specific issue. Essentially, if you want to win on a point, you have to show proof.
Section § 115
This law explains what the "burden of proof" means in a courtroom setting. It is the responsibility of a party involved in a case to provide enough evidence to convince the judge or jury about a particular fact. The level of proof required can vary; it might be a low level like just raising reasonable doubt or might need to be more convincing, like showing a preponderance of the evidence, which means more likely than not. In some cases, proof has to be even stronger, requiring clear and convincing evidence or proving beyond a reasonable doubt. Generally, unless specified otherwise, the standard required is a preponderance of the evidence.
Section § 120
The term 'civil action' not only refers to lawsuits but also includes all types of civil proceedings.
Section § 125
This law defines 'conduct' as any kind of action or behavior, whether you're doing something actively or passively, and whether you're using words or not.
Section § 130
This law says that "criminal action" not only refers to the actual filing or initiation of a criminal case but also includes any legal proceedings related to it.
Section § 135
The term “declarant” refers to someone who makes a statement.
Section § 140
In simple terms, 'evidence' refers to anything like spoken words, documents, physical items, or anything else we can see, hear, or touch that is used to show whether a fact is true or false.
Section § 145
This law defines 'the hearing' as the specific session where an issue related to this code comes up, rather than any other previous or future hearings.
Section § 150
This section tells us that the definition of 'hearsay evidence' can be found in another section, specifically Section 1200.
Section § 160
In this context, 'law' refers to three types: constitutional law, which is based on the state or federal constitutions; statutory law, which is created by legislatures; and decisional law, which comes from court decisions.
Section § 165
An 'oath' can also be an affirmation or a declaration that holds the same weight as an oath if it's made under penalty of perjury. This means that whether someone says they're telling the truth through an oath, an affirmation, or a declaration, it all carries the same legal obligation to be truthful.
Section § 170
This section defines the word "perceive" as gaining knowledge through the use of your senses, like sight, hearing, touch, taste, or smell.
Section § 175
This part of the law explains that the term 'person' is not limited to just individual humans. It also covers groups and business entities like firms, organizations, partnerships, corporations, and even government bodies.
Section § 177
A "dependent person" is someone whose physical or mental impairments significantly limit their ability to do everyday tasks or protect their rights. This can include people with physical or developmental disabilities or older adults whose abilities have decreased. Additionally, it covers anyone admitted as an inpatient to a 24-hour health facility.
Section § 180
This law defines 'personal property' as anything that can include money, physical items like goods and chattels, legally enforceable rights (things in action), and documents proving that someone owes a debt.
Section § 185
This law section states that the term "property" covers both real estate (like land or buildings) and personal items (like cars or jewelry).
Section § 190
Proof is when evidence convinces a judge or jury to believe something is true to a certain level of certainty.
Section § 195
The term “public employee” refers to anyone working for a government body, including officers, agents, or employees.
Section § 200
This law defines what is considered a 'public entity'. It includes a wide range of government bodies such as nations, states, counties, cities, districts, and any other political or public organizations, regardless of whether they are local or from another country.
Section § 205
This law clarifies that when the term "real property" is used, it refers to lands, tenements, and hereditaments. Essentially, it covers any interest in real estate, including land and any buildings or inheritable property attached to it.
Section § 210
This law defines 'relevant evidence' as any piece of evidence that could reasonably help prove or disprove a contested fact in a case. This includes evidence related to someone's credibility, like a witness or a person who made a statement not in court (hearsay declarant).
Section § 215
This law clarifies that when California legal language mentions a 'spouse,' it also means a 'registered domestic partner,' ensuring equal treatment under the law.
Section § 220
This section defines how the term "State" is used. Generally, it refers to California. However, when talking about parts of the United States, it can mean any state, district, commonwealth, territory, or island possession.
Section § 225
In this context, a 'statement' is anything someone says or writes, or any nonverbal action they perform that is meant to communicate something.
Section § 230
In this context, the term “statute” is broad and not only refers to laws passed by legislative bodies. It also includes treaties and constitutional provisions. This means that when we talk about a 'statute,' we're referring to these other significant legal documents as well.
Section § 235
This law section explains who is considered the 'trier of fact' in legal proceedings. It states that the 'trier of fact' can be either the jury or the court, depending on who is responsible for deciding factual issues in a case that don't involve whether evidence can be admitted.
Section § 240
This law explains when a person is considered "unavailable as a witness" in legal proceedings. A witness is deemed unavailable if they are exempt from testifying due to privilege, are disqualified, deceased, too ill (physically or mentally), absent despite efforts to secure their presence, or refuse to testify even under contempt. However, if the person's unavailability is caused by the misconduct of the party wanting to use their statement, they can't claim the witness is unavailable. Additionally, expert testimony can establish unavailability if a witness is unable or would suffer trauma by testifying due to physical or mental harm from a crime. This does not count as manipulating their unavailability.
Section § 250
This law defines 'writing' in a broad sense. It includes not just traditional pen-and-paper writing, but also anything that records communication or representation, like emails, faxes, and photos. This means any physical item where information is captured, regardless of how it's stored, counts as writing.
Section § 255
This law explains what counts as an 'original' document or photograph. An original document can be the actual piece of writing or a copy that's meant to serve the same purpose. For photographs, the original includes the negative or any prints made from it. When it comes to data stored in computers, a printout or display that accurately shows the data is also considered an original.
Section § 260
This law defines what qualifies as a 'duplicate' of a document or object. It explains that a duplicate can be created by using the same method or materials as the original, through photography, mechanical or electronic recording, chemical reproduction, or other techniques that precisely copy the original.