CA LPC Juris flashcards
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33 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Duty of confidentiality
- A California lawyer must not reveal information acquired in the professional relationship without informed consent, except to prevent death or substantial bodily harm after attempting persuasion.
- Informed written consent
- The client's agreement to a conflict or waiver, confirmed in writing, after the lawyer discloses the material risks and reasonably available alternatives.
- Contingency fee agreement
- A fee arrangement where compensation depends on the outcome; California requires it to be in writing and signed by the client.
- Attorney-client privilege
- A rule protecting confidential communications between lawyer and client from compelled disclosure; it survives the client's death and the end of representation.
- Demurrer
- A California pleading challenge asserting that a complaint or answer fails to state a claim or defense; the demurrer tests legal sufficiency, not facts.
- Summary judgment standard
- Judgment is granted when no triable issue of material fact exists and the moving party is entitled to judgment as a matter of law; the moving party bears the initial burden.
- CCP 998 offer
- A statutory settlement offer that shifts costs and expert fees if the offeree rejects it and fails to obtain a more favorable judgment.
- Service on a corporation
- Process may be served on the designated agent, president, chief executive officer, or other specified officers under California Code of Civil Procedure section 416.10.
- Statute of frauds
- California requires a writing for contracts that cannot be performed within one year, land sales, suretyship, sale of goods over $500, and marriage-related promises.
- Expectation damages
- The remedy that places the nonbreaching party in the position performance would have produced, including lost profits and incidental damages.
- Pure comparative fault
- California reduces a plaintiff's recovery by the plaintiff's percentage of fault, allowing recovery even when the plaintiff is mostly at fault.
- Economic loss rule
- A tort doctrine barring recovery for purely economic losses absent personal injury or property damage, except in special relationships.
- Felony murder rule
- A killing committed during the commission of an inherently dangerous felony is first-degree murder, even without intent to kill.
- Miranda warnings
- Custodial interrogation requires warnings of the right to remain silent and to counsel; invocation must be unambiguous before questioning stops.
- Exclusionary rule
- Evidence obtained through an illegal search or seizure is inadmissible, subject to exceptions including good faith, inevitable discovery, and attenuation.
- Three Strikes law
- California's sentencing scheme doubling terms for a second serious or violent felony and imposing 25-to-life for a third.
- Hearsay definition
- An out-of-court statement offered to prove the truth of the matter asserted; it is inadmissible unless an exception applies.
- Propensity evidence
- Evidence of prior bad acts offered to show the defendant acted in conformity; generally inadmissible but allowed for motive, intent, plan, or identity.
- Best evidence rule
- The original writing must be produced to prove its contents unless an exception applies; it does not apply to collateral matters.
- Impeachment by conviction
- A witness may be impeached by a prior conviction involving moral turpitude, subject to the trial court's discretion under Evidence Code section 352.
- General partnership liability
- Each general partner is jointly and severally liable for partnership obligations, and the partnership is formed by two or more persons carrying on a business for profit.
- LLC liability shield
- Members of a limited liability company are not personally liable for the company's debts, absent alter ego or a personal guarantee.
- Deed of trust
- A three-party security instrument in which a trustee holds title to secure a loan; California permits nonjudicial foreclosure after notice of default and sale.
- Adverse possession
- A doctrine allowing title by open, notorious, exclusive, and actual possession for five years with payment of taxes in California.
- Legal positivism
- The theory that law is a matter of social fact, valid by its source rather than its moral content, associated with Austin and Hart.
- Legal realism
- The view that law is what courts actually do, emphasizing judicial policy choices and the gap between formal rules and outcomes.
- Duty of candor
- A lawyer's obligation to disclose adverse legal authority and not present false evidence; it prevails over zealous advocacy when the two conflict.
- Fiduciary duty
- A lawyer owes duties of loyalty, confidentiality, and competence; breach may create civil liability in addition to professional discipline.
- Rule of law
- The principle that laws be prospective, public, general, and equally applied, with independent courts, protecting against arbitrary government power.
- Spontaneous statement
- A hearsay exception for a statement made under the stress of a startling event while the declarant was under its influence.
- Community property
- California marital property doctrine dividing property acquired during marriage equally on divorce; separate property includes premarital property and gifts.
- Punitive damages
- Damages awarded to punish and deter when the defendant acts with oppression, fraud, or malice, proven by clear and convincing evidence.
- Venue in California
- Proper where the defendant resides, where the contract was to be performed, or where the injury occurred, depending on the claim type.