In California civil litigation, a breach of contract occurs when one party fails to fulfill their obligations under the terms of a legally binding agreement. To establish a breach of contract claim, the plaintiff must demonstrate the existence of a…
Negligent misrepresentation in California civil cases occurs when one party makes a false statement or provides inaccurate information, but without the intent to deceive, while failing to exercise reasonable care or competence in obtaining or communicating that information. Unlike fraud,…
Fraud or intentional misrepresentation in California civil cases occurs when one party deliberately deceives another to secure a benefit, typically by making false statements or omitting critical information with the intent to mislead. To prove fraud, the plaintiff must show…
In California civil litigation, a tort is a civil wrong that results in harm or injury to another person or their property, for which the injured party can seek compensation through a lawsuit. Torts can arise from intentional acts, such…
In California civil cases, jury instructions are essential guidelines provided by the judge to help jurors understand the law and how to apply it to the facts of the case. These instructions cover a wide range of topics, such as…
In California civil cases, cross-examination is a critical stage of the trial where one party questions the opposing party’s witness to challenge their credibility, accuracy, or reliability. During cross-examination, the attorney is typically restricted to asking leading questions, meaning questions…
In California civil cases, direct examination is the process by which a party’s attorney questions their own witness to elicit testimony that supports their case. The purpose of direct examination is to establish facts, provide evidence, and help the witness…
In California civil cases, opening statements are the initial opportunity for each party to present an overview of their case to the judge (and jury, if applicable) at the beginning of the trial. The purpose of the opening statement is…
In California civil cases, a bench trial is a trial in which the judge, rather than a jury, serves as the factfinder and makes the final determination on the issues of law and fact. This is in contrast to a…
In California civil cases, the rules of evidence are primarily governed by the California Evidence Code, which sets forth the guidelines for what evidence can be presented and how it is to be used in court. The general principle is…