This term means "at first appearance" and refers to sufficient evidence unless rebutted.
What is Prima Facie?
This case limits medical specials to those actually incurred.
What is Howell v. Hamilton Meats & Provisions, Inc.?
This California law covers discrimination in employment and housing.
What is FEHA?
In state court you use the equivalent CCP 128.7 to get sanctions for frivolous filings.
What is Rule 11?
If a product is defective and causes injury, this doctrine allows a plaintiff to recover without proving negligence.
What is Strict Liability?
What is Nunc Pro Tunc?
This case sets forth the standard on Motions for Summary Judgment and is usually cited in the Legal Standard Section.
What is Aguilar v. Atlantic Richfield Co.?
This California law requires most public projects to go through environmental review.
What is CEQA?
In state court, experts aren't obligated to do this for the expert disclosures.
What are Expert Reports?
A defectively manufactured product exposes not only manufacturers, but these people also, in the chain of commerce.
Who are Distributors and Retailers?
What is "12 Angry Men"?
This doctrine bars re-litigation of claims that were or could have been brought.
What is Res Judicata?
This case limited how experts can rely on hearsay.
What is People v. Sanchez?
Many plaintiffs improperly make this claim that requires extreme and outrageous conduct, when they should stick to the negligent version at most.
In state court, you can ask for these twice in discovery, but in federal court, you don't need to ask.
What are Supplemental Discovery Responses?
CCP 335.1 establishes this statute of limitations period for product liability claims.
What is 2 years (personal injury) or 3 years (property damage)?
This term means "the things speaks for itself."
What is Res Ipsa Loquitur?
This case replaced the rule of contributory negligence with comparative negligence, significantly changing tort law.
This Federal statute targets organized crime.
What is RICO?
In state court, you need to file a discovery motion to get this when the other side fails to respond, but it is automatic in federal court.
What is Requests for Admission Deemed Admitted?
This type of product warning can be found almost everywhere in California, including gas stations, McDonalds, and clothing stores.
What is Prop 65 Warning?
What is In Limine?
Plaintiff's counsel abuse this case all the time in deposition to try to prevent the plaintiff from answering based on alleged legal contention.
What is Rifkind v. Superior Court?
This type of motion can reverse a jury verdict after the fact.
What is JNOV?
In state court civil cases, you get 12 jurors, but you may end up with as little as this many in federal court.
What is 6 jurors?
A proper warning may mitigate liability for product liability, but this doctrine may obviate the need for a warning when the risk is apparent to anyone.
What is Open and Obvious Defense?