In legal proceedings, the concept of duty of care refers to the legal obligation that an individual or entity owes to others to exercise a certain standard of care to prevent harm or injury. This duty of care is based…

Plaintiff: The plaintiff is the party who initiates a lawsuit or legal action against another party, known as the defendant. The plaintiff is the individual or entity that brings a claim or complaint before a court seeking a legal remedy…

Res judicata, which is Latin for “a matter judged,” is a legal doctrine that prevents the same parties from relitigating the same issues that have already been decided in a final judgment by a court of competent jurisdiction. In other…

The Statute of Frauds is a legal doctrine that requires certain types of contracts to be in writing in order to be enforceable in court. The purpose of the Statute of Frauds is to prevent fraud and perjury by ensuring…

The affirmative defense of laches is a legal doctrine that can be raised by a defendant in response to a claim brought against them. Laches essentially argues that the plaintiff has unreasonably delayed in asserting their legal rights, which has…

An evidentiary objection of lack of foundation is raised when there is insufficient evidence or testimony to establish the authenticity, accuracy, or reliability of the evidence being presented in court. In other words, the party objecting is arguing that the…

An evidentiary objection to relevance is a fundamental objection raised during legal proceedings when the evidence being presented is not directly related to the case at hand or does not have any probative value in proving or disproving a fact…

In California courts, the credibility of a witness is determined through several factors and considerations. Here are key aspects that are typically evaluated: In California courts, judges and juries assess these factors to determine the credibility of witnesses. The ultimate…

In California, the competency of a witness refers to whether they have the ability to understand the duty to tell the truth and to accurately perceive, remember, and relate information. Here are the key points regarding the competency of witnesses…

In California civil trials, cross-examination of expert witnesses follows specific rules and procedures designed to effectively challenge the credibility, opinions, and methodologies of the expert. Here’s how cross-examination of experts generally works in California civil trials: Overall, cross-examination of expert…