Section § 100

Explanation

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.

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

Section § 105

Explanation

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.

“Action” includes a civil action and a criminal action.

Section § 110

Explanation

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.

“Burden of producing evidence” means the obligation of a party to introduce evidence sufficient to avoid a ruling against him on the issue.

Section § 115

Explanation

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.

“Burden of proof” means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court. The burden of proof may require a party to raise a reasonable doubt concerning the existence or nonexistence of a fact or that he establish the existence or nonexistence of a fact by a preponderance of the evidence, by clear and convincing proof, or by proof beyond a reasonable doubt.
Except as otherwise provided by law, the burden of proof requires proof by a preponderance of the evidence.

Section § 120

Explanation

The term 'civil action' not only refers to lawsuits but also includes all types of civil proceedings.

“Civil action” includes civil proceedings.

Section § 125

Explanation

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.

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

Section § 130

Explanation

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.

“Criminal action” includes criminal proceedings.

Section § 135

Explanation

The term “declarant” refers to someone who makes a statement.

“Declarant” is a person who makes a statement.

Section § 140

Explanation

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.

“Evidence” means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact.

Section § 145

Explanation

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.

“The hearing” means the hearing at which a question under this code arises, and not some earlier or later hearing.

Section § 150

Explanation

This section tells us that the definition of 'hearsay evidence' can be found in another section, specifically Section 1200.

“Hearsay evidence” is defined in Section 1200.

Section § 160

Explanation

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.

“Law” includes constitutional, statutory, and decisional law.

Section § 165

Explanation

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.

“Oath” includes affirmation or declaration under penalty of perjury.

Section § 170

Explanation

This section defines the word "perceive" as gaining knowledge through the use of your senses, like sight, hearing, touch, taste, or smell.

“Perceive” means to acquire knowledge through one’s senses.

Section § 175

Explanation

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.

“Person” includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity.

Section § 177

Explanation

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.

“Dependent person” means a person, regardless of whether the person lives independently, who has a physical or mental impairment that substantially restricts his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have significantly diminished because of age. “Dependent person” includes any person who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.

Section § 180

Explanation

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.

“Personal property” includes money, goods, chattels, things in action, and evidences of debt.

Section § 185

Explanation

This law section states that the term "property" covers both real estate (like land or buildings) and personal items (like cars or jewelry).

“Property” includes both real and personal property.

Section § 190

Explanation

Proof is when evidence convinces a judge or jury to believe something is true to a certain level of certainty.

“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.

Section § 195

Explanation

The term “public employee” refers to anyone working for a government body, including officers, agents, or employees.

“Public employee” means an officer, agent, or employee of a public entity.

Section § 200

Explanation

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.

“Public entity” includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation, whether foreign or domestic.

Section § 205

Explanation

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.

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

Section § 210

Explanation

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).

“Relevant evidence” means evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action.

Section § 215

Explanation

This law clarifies that when California legal language mentions a 'spouse,' it also means a 'registered domestic partner,' ensuring equal treatment under the law.

“Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.

Section § 220

Explanation

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.

“State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes any state, district, commonwealth, territory, or insular possession of the United States.

Section § 225

Explanation

In this context, a 'statement' is anything someone says or writes, or any nonverbal action they perform that is meant to communicate something.

“Statement” means (a) oral or written verbal expression or (b) nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression.

Section § 230

Explanation

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.

“Statute” includes a treaty and a constitutional provision.

Section § 235

Explanation

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.

“Trier of fact” includes (a) the jury and (b) the court when the court is trying an issue of fact other than one relating to the admissibility of evidence.

Section § 240

Explanation

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.

(a)CA Evidence Code § 240(a) Except as otherwise provided in subdivision (b), “unavailable as a witness” means that the declarant is any of the following:
(1)CA Evidence Code § 240(a)(1) Exempted or precluded on the ground of privilege from testifying concerning the matter to which his or her statement is relevant.
(2)CA Evidence Code § 240(a)(2) Disqualified from testifying to the matter.
(3)CA Evidence Code § 240(a)(3) Dead or unable to attend or to testify at the hearing because of then-existing physical or mental illness or infirmity.
(4)CA Evidence Code § 240(a)(4) Absent from the hearing and the court is unable to compel his or her attendance by its process.
(5)CA Evidence Code § 240(a)(5) Absent from the hearing and the proponent of his or her statement has exercised reasonable diligence but has been unable to procure his or her attendance by the court’s process.
(6)CA Evidence Code § 240(a)(6) Persistent in refusing to testify concerning the subject matter of the declarant’s statement despite having been found in contempt for refusal to testify.
(b)CA Evidence Code § 240(b) A declarant is not unavailable as a witness if the exemption, preclusion, disqualification, death, inability, or absence of the declarant was brought about by the procurement or wrongdoing of the proponent of his or her statement for the purpose of preventing the declarant from attending or testifying.
(c)CA Evidence Code § 240(c) Expert testimony that establishes that physical or mental trauma resulting from an alleged crime has caused harm to a witness of sufficient severity that the witness is physically unable to testify or is unable to testify without suffering substantial trauma may constitute a sufficient showing of unavailability pursuant to paragraph (3) of subdivision (a). As used in this section, the term “expert” means a physician and surgeon, including a psychiatrist, or any person described by subdivision (b), (c), or (e) of Section 1010.
The introduction of evidence to establish the unavailability of a witness under this subdivision shall not be deemed procurement of unavailability, in absence of proof to the contrary.

Section § 250

Explanation

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.

“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.

Section § 255

Explanation

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.

“Original” means the writing itself or any counterpart intended to have the same effect by a person executing or issuing it. An “original” of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an “original.”

Section § 260

Explanation

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.

A “duplicate” is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic rerecording, or by chemical reproduction, or by other equivalent technique which accurately reproduces the original.