Chapter 2: Province of Court and Jury

§ 310 (a) All questions of law (including but not limited to questions concerning the construction of statutes and other writings, the admissibility of evid… § 311 If the law of an organization of nations, a foreign nation or a state other than this state, or a public entity in a foreign nation or a state other t… § 312 Except as otherwise provided by law, where the trial is by jury: (a) All questions of fact are to be decided by the jury. § 520 The party claiming that a person is guilty of crime or wrongdoing has the burden of proof on that issue. § 521 The party claiming that a person did not exercise a requisite degree of care has the burden of proof on that issue. § 522 The party claiming that any person, including himself, is or was insane has the burden of proof on that issue. § 523 In any action where the state is a party, regardless of who is the moving party, where (a) the boundary of land patented or otherwise granted by the s… § 524 (a) Notwithstanding any other provision of law, in a civil proceeding to which the State Board of Equalization is a party, that board shall have the b… § 710 Every witness before testifying shall take an oath or make an affirmation or declaration in the form provided by law, except that a child under the ag… § 711 At the trial of an action, a witness can be heard only in the presence and subject to the examination of all the parties to the action, if they choose… § 712 Notwithstanding Sections 711 and 1200, at the trial of a criminal action, evidence of the technique used in taking blood samples may be given by a reg… § 810 (a) Except where another rule is provided by statute, this article provides special rules of evidence applicable to any action in which the value of p… § 811 As used in this article, “value of property” means market value of any of the following: (a) Real property or any interest therein. § 812 This article is not intended to alter or change the existing substantive law, whether statutory or decisional, interpreting the meaning of “market val… § 813 (a) The value of property may be shown only by the opinions of any of the following: (1) Witnesses qualified to express such opinions. § 814 The opinion of a witness as to the value of property is limited to such an opinion as is based on matter perceived by or personally known to the witne… § 815 When relevant to the determination of the value of property, a witness may take into account as a basis for an opinion the price and other terms and c… § 816 When relevant to the determination of the value of property, a witness may take into account as a basis for his opinion the price and other terms and … § 817 (a) Subject to subdivision (b), when relevant to the determination of the value of property, a witness may take into account as a basis for an opinion… § 818 For the purpose of determining the capitalized value of the reasonable net rental value attributable to the property or property interest being valued… § 819 When relevant to the determination of the value of property, a witness may take into account as a basis for his opinion the capitalized value of the r… § 820 When relevant to the determination of the value of property, a witness may take into account as a basis for his opinion the value of the property or p… § 821 When relevant to the determination of the value of property, a witness may take into account as a basis for his opinion the nature of the improvements… § 822 (a) In an eminent domain or inverse condemnation proceeding, notwithstanding the provisions of Sections 814 to 821, inclusive, the following matter is… § 823 Notwithstanding any other provision of this article, the value of property for which there is no relevant, comparable market may be determined by any … § 824 (a) Notwithstanding any other provision of this article, a just and equitable method of determining the value of nonprofit, special use property, as d… § 910 Except as otherwise provided by statute, the provisions of this division apply in all proceedings. § 1115 For purposes of this chapter: (a) “Mediation” means a process in which a neutral person or persons facilitate communication between the disputants to … § 1116 (a) Nothing in this chapter expands or limits a court’s authority to order participation in a dispute resolution proceeding. § 1117 (a) Except as provided in subdivision (b), this chapter applies to a mediation as defined in Section 1115. § 1118 An oral agreement “in accordance with Section 1118” means an oral agreement that satisfies all of the following conditions: (a) The oral agreement is … § 1119 Except as otherwise provided in this chapter: (a) No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant… § 1120 (a) Evidence otherwise admissible or subject to discovery outside of a mediation or a mediation consultation shall not be or become inadmissible or pr… § 1121 Neither a mediator nor anyone else may submit to a court or other adjudicative body, and a court or other adjudicative body may not consider, any repo… § 1122 (a) A communication or a writing, as defined in Section 250, that is made or prepared for the purpose of, or in the course of, or pursuant to, a media… § 1123 A written settlement agreement prepared in the course of, or pursuant to, a mediation, is not made inadmissible, or protected from disclosure, by prov… § 1124 An oral agreement made in the course of, or pursuant to, a mediation is not made inadmissible, or protected from disclosure, by the provisions of this… § 1125 (a) For purposes of confidentiality under this chapter, a mediation ends when any one of the following conditions is satisfied: (1) The parties execut… § 1126 Anything said, any admission made, or any writing that is inadmissible, protected from disclosure, and confidential under this chapter before a mediat… § 1127 If a person subpoenas or otherwise seeks to compel a mediator to testify or produce a writing, as defined in Section 250, and the court or other adjud… § 1128 Any reference to a mediation during any subsequent trial is an irregularity in the proceedings of the trial for the purposes of Section 657 of the Cod… § 1129 (a) Except in the case of a class or representative action, an attorney representing a client participating in a mediation or a mediation consultation… § 1220 Evidence of a statement is not made inadmissible by the hearsay rule when offered against the declarant in an action to which he is a party in either … § 1221 Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if the statement is one of which the party, with knowledg… § 1222 Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if: (a) The statement was made by a person authorized by … § 1223 Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if: (a) The statement was made by the declarant while par… § 1224 When the liability obligation, or duty of a party to a civil action is based in whole or in part upon the liability, obligation, or duty of the declar… § 1225 When a right, title, or interest in any property or claim asserted by a party to a civil action requires a determination that a right, title, or inter… § 1226 Evidence of a statement by a minor child is not made inadmissible by the hearsay rule if offered against the plaintiff in an action brought under Sect… § 1227 Evidence of a statement by the deceased is not made inadmissible by the hearsay rule if offered against the plaintiff in an action for wrongful death … § 1228 Notwithstanding any other provision of law, for the purpose of establishing the elements of the crime in order to admit as evidence the confession of … § 1228.1 (a) Except as provided in subdivision (b), neither the signature of any parent or legal guardian on a child welfare services case plan nor the accepta… § 1410 Nothing in this article shall be construed to limit the means by which a writing may be authenticated or proved. § 1410.5 (a) For purposes of this chapter, a writing shall include any graffiti consisting of written words, insignia, symbols, or any other markings which con… § 1411 Except as provided by statute, the testimony of a subscribing witness is not required to authenticate a writing. § 1412 If the testimony of a subscribing witness is required by statute to authenticate a writing and the subscribing witness denies or does not recollect th… § 1413 A writing may be authenticated by anyone who saw the writing made or executed, including a subscribing witness. § 1414 A writing may be authenticated by evidence that: (a) The party against whom it is offered has at any time admitted its authenticity; or (b) The writin… § 1415 A writing may be authenticated by evidence of the genuineness of the handwriting of the maker. § 1416 A witness who is not otherwise qualified to testify as an expert may state his opinion whether a writing is in the handwriting of a supposed writer if… § 1417 The genuineness of handwriting, or the lack thereof, may be proved by a comparison made by the trier of fact with handwriting (a) which the court find… § 1418 The genuineness of writing, or the lack thereof, may be proved by a comparison made by an expert witness with writing (a) which the court finds was ad… § 1419 Where a writing whose genuineness is sought to be proved is more than 30 years old, the comparison under Section 1417 or 1418 may be made with writing… § 1420 A writing may be authenticated by evidence that the writing was received in response to a communication sent to the person who is claimed by the propo… § 1421 A writing may be authenticated by evidence that the writing refers to or states matters that are unlikely to be known to anyone other than the person …