CA LPC Juris key terms

A rule protecting confidential communications between a lawyer and client from compelled disclosure. It belongs to the client, who may waive it, and survives the representation's end.

A lawyer's ethical obligation not to reveal information relating to the representation without informed consent, broader than the evidentiary privilege and lasting beyond the engagement.

A situation where a lawyer's duties to a client are compromised by duties to another client, a former client, a third party, or the lawyer's own interests, generally requiring informed written consent.

A client's or prospective client's agreement to a proposed course of conduct after the lawyer communicates adequate information about the material risks and reasonably available alternatives.

The ethical requirement that a lawyer possess and apply the legal knowledge, skill, thoroughness, and preparation reasonably necessary for a representation, including reasonable investigation of facts and law.

The lawyer's obligation to act with loyalty and good faith in the client's interest, encompassing duties of candor, avoiding self-dealing, and safeguarding client property.

Protection for documents and materials a party or representative prepared in anticipation of litigation, shielding them from discovery absent substantial need and undue hardship.

The pretrial process by which parties obtain relevant information and evidence from each other and nonparties through interrogatories, document requests, depositions, and related devices.

A pretrial motion granted when no genuine dispute of material fact exists and the moving party is entitled to judgment as a matter of law, based on pleadings, discovery, and affidavits.

A pretrial request asking the court to exclude or limit specific evidence or argument before it is presented to the jury, often to prevent prejudice.

The doctrine barring parties from relitigating a claim already decided on the merits by a final judgment, including claims that could have been raised.

Issue preclusion: a party may not relitigate an issue actually litigated and necessarily decided in a prior action where the party had a full and fair opportunity to be heard.

A court's authority over a particular defendant, satisfied by domicile, consent, waiver, or minimum contacts with the forum consistent with fair play and substantial justice.

The formal delivery of a summons and complaint to a defendant in a manner authorized by rule or statute, giving notice and triggering the time to respond.

A judgment entered for the plaintiff when a defendant fails to appear or respond within the required time, subject to relief from default for good cause.

The mutual assent forming a contract: an offer conferring power to accept, and an acceptance that mirrors the offer's terms, creating a binding agreement.

A bargained-for exchange of legal value, such as a promise or performance, that induces a party to contract and makes the promise enforceable.

A doctrine enforcing a promise lacking consideration when the promisor reasonably expected reliance, the promisee actually relied, and injustice can be avoided only by enforcement.

A rule requiring certain contracts, such as those for land or lasting over a year, to be evidenced by a writing signed by the party to be charged.

A contract remedy placing the injured party in the position performance would have achieved, measured by the value of the promised performance minus costs avoided.

The injured party's duty to take reasonable steps to reduce losses after a breach; recoverable damages exclude losses that could reasonably have been avoided.

An equitable remedy compelling a breaching party to perform as promised, typically available only when legal damages are inadequate, such as for unique land.

Conduct falling below the standard of a reasonable person that causes harm, requiring duty, breach, causation, and damages.

A cause legally sufficient to impose liability because the harm was a foreseeable consequence of the breach, not an extraordinary or superseding event.

An inference of negligence permitted when an accident is of a kind that ordinarily does not occur without negligence, caused by an instrumentality under the defendant's exclusive control.

Liability without proof of fault for harm caused by abnormally dangerous activities or defective products, subject to causation and damage requirements.

A court order requiring a party to do or refrain from doing a specified act, issued when legal remedies are inadequate and the balance of hardships favors it.

The tendency of evidence to make a fact of consequence more or less probable; only relevant evidence is admissible, subject to exclusion for unfair prejudice.

An out-of-court statement offered to prove the truth of the matter asserted, generally inadmissible unless an exception or exclusion applies.

The obligation to prove facts at issue, comprising the burden of production and the burden of persuasion measured by the applicable standard, such as preponderance or beyond reasonable doubt.

The requirement that the original writing, recording, or photograph be produced to prove its content, unless a recognized exception or secondary evidence rule applies.

The standard of proof in criminal cases requiring proof so convincing that no reasonable alternative explanation remains; failure to meet it requires acquittal.

The principle that a criminal defendant is treated as innocent until the prosecution proves guilt beyond a reasonable doubt, with the burden resting on the state.

The advisement of rights to silence and counsel required before custodial interrogation, whose violation generally bars use of resulting statements in the prosecution's case-in-chief.

The doctrine suppressing evidence obtained through unconstitutional government conduct, subject to exceptions such as good faith, inevitable discovery, and attenuation.

A director's or officer's obligation to act in the corporation's best interest, avoiding self-dealing and usurpation of corporate opportunities without disclosure and approval.

A presumption that corporate directors acted on an informed basis, in good faith, and in the corporation's best interest, shielding decisions from liability absent breach.

A doctrine allowing creditors to reach shareholders' personal assets when the corporate form is used to commit fraud or injustice, or the entity is inadequately capitalized.

A property rule voiding future interests that may vest more than twenty-one years after a life in being at creation, limiting restraints on alienation.