CODES MODULE, PART I

1. CODES MODULE, PART I CIVIL, EVIDENCE, GOVERNMENT, AND LABOR CODES

2. CIVIL CODE

3. 54.8 Hard-of-Hearing Persons • A party who is hearing impaired may request an assistive listening system or computer-aided transcription system in any civil or criminal proceeding, in any court-ordered hearing, or in any administrative hearing of a public agency.

4. Notice shall be given when the hearing is set or at least 5 days in advance to the appropriate court or agency. • Assistive listening systems may include personal receivers, headphones, and neck loops. • If computer-aided transcription is requested, a display terminal shall be provided.

5. A hearing-impaired juror must be provided with an assistive listening system or computer-aided transcription in the jury room using a court reporter. • No proceedings shall take place at all until the requested assistance is in place and functioning.

6. Questions on Civil Code • An example of realtime would be • a transcript prepared and delivered in a timely manner, according to the provisions set forth • the original transcript; copies are not acceptable • a hearing-impaired person reading the transcript on a display terminal during the proceedings • the reporter being paid according to how much time it took to produce the transcript Answer: C

7. When a party to the action is hearing impaired and requests realtime, which proceedings may take place before the realtime is available? • jury impanelment • opening statements • hearing on motion to dismiss • no proceedings may take place Answer: D

8. In a civil or criminal hearing where any party or participant is hearing impaired, that party must request a functioning assistive listening system or computer-aided transcription system • as soon as the hearing begins • 5 days before the hearing • 10 days before the hearing • 30 days before the hearing Answer: B

9. True or False • If a juror is hearing impaired, a court reporter may be requested to be present in the jury deliberating room to operate a computer-aided transcript system for that juror for the duration of the deliberations. True

10. A hearing-impaired defendant shall be provided with a functioning assistive listening system or computer-aided transcription except in small claims or traffic court. False

11. A computer-aided transcription system or assistive listening system shall be provided for a hearing-impaired juror. True

12. Juvenile court proceedings are exempted from Rule 54.8. False

13. An individual may be disqualified from jury service because he has a hearing loss. False

14. EVIDENCE CODE

15. 760 Direct Examination • “Direct examination” is the first examination of a witness upon a matter that is not within the scope of a previous examination of the witness.

16. 761 Cross-Examination • “Cross-examination” is the examination of a witness by a party other than the direct examiner upon a matter that is within the scope of the direct examination of the witness.

17. 762 Redirect Examination • “Redirect examination” is the examination of a witness by the direct examiner subsequent to the cross-examination of the witness. • The term also applies to any subsequent re-examination of the witness by the direct examiner.

18. 763 Recross-Examination • “Recross-examination” is an examination of a witness by a cross-examiner subsequent to a redirect examination of the witness.

19. 772 Order of Examination Direct Examination Cross-Examination Redirect Examination Recross-Examination

20. Any subsequent examinations are “Redirect Examination” and “Recross-Examination.” • Ordinarily, each phase of the examination must be concluded before the succeeding phase begins.

21. A cross-examination, redirect examination, or recross-examination may be interrupted to reopen direct examination of a witness with the permission of the court. • A defendant in a criminal action may not be examined under direct examination by another party.

22. 774 Reexamination • A witness cannot be reexamined about the same matter. • However, he may be reexamined as to any new matter. • It is left up to the court’s discretion.

23. 775 Examination by the Court • The court may call witnesses and examine them. • The parties may object to the questions and evidence adduced. • The witnesses may be cross-examined by all parties.

24. 776 Examining Adverse Witnesses • A party or other person may be called and examined as if under cross-examination by any adverse party at any time during the presentation of evidence by the party calling the witness.

25. Certification of Copy for Evidence • Whenever a copy of a writing is attested or certified, the attestation or certification must state in substance that the copy is a correct copy of the original.

26. 1550 Photographic Copies • A photostatic, microfilm, microcard, miniature photographic or other photographic copy or reproduction or enlargement of a writing is admissible as the writing itself if the copy was made and preserved as part of the business’ records in the regular course of business.

27. The introduction of the copy does not preclude admission of the original writing if it is still in existence. • The court may require the introduction of a hard copy printout of the document.

28. 1551 When Original is Lost • A print from a photographic film of an original writing destroyed afterwards is admissible, if the person under whose control and direction the print was made certifies, in compliance with Section 1531, that it was, in fact, under his direction and control.

29. 1561 Affidavit Accompanying Records • The affidavit must state: • The affiant is the custodian of the records and has the authority to certify them • The copy is a true copy of the subpoenaed records • The records were prepared in the ordinary course of business • The identity of the records • How the records were prepared

30. If the records or only part of them are available, the affidavit must so state that fact. • In addition, if the records are delivered to an attorney or deposition officer for copying, there must also be an affidavit from the attorney or deposition officer stating the records are a true copy of all the records delivered for copying.

31. 1562 Admissibility of Affidavit • If the original records would be admissible in evidence if the custodian had been present, the copy of the records is admissible in evidence. • The affidavit is admissible as evidence pursuant to Section 1561 and is presumed to be true.

32. Questions on Evidence Code • Place in chronological order: • cross-examination • recross-examination • redirect examination • direct examination Direct examination, cross-examination, redirect examination, recross-examination

33. Under what section of the Evidence Code is an adverse witness called? Section 776

34. __________ __________ is the first examination of a witness upon a matter that is not within the scope of a previous examination of the witness. Direct examination

35. Cross-examination is the examination of a witness by a party other than the direct (A) __________ upon a matter that is within the (B) __________ of the direct examination of the witness. (A) examiner (B) scope

36. Redirect examination is an examination of a witness by the direct examiner subsequent to the _______________ of the witness. cross-examination

37. Recross-examination is an examination of a witness by a cross-examiner subsequent to a __________ examination of the witness. redirect

38. The scope of the cross-examination is limited to the subject matter of the __________ _________. direct examination

39. The scope of the redirect examination is limited to the subject matter of the _________ __________. cross-examination

40. The scope of the recross-examination is limited to the subject matter of the ______________. redirect examination

41. Multiple Choice • An attorney’s cross-examination is limited to • impeaching the witness • the scope of the direct examination • voir dire of an expert witness • only by relevancy Answer: B

42. Redirect examination follows • cross-examination • direct examination • recross-examination • voir dire examination Answer: A

43. True or False • If subpoenaed records are delivered to the reporter, the records shall be accompanied by the reporter’s affidavit that the copy is a true copy of the records delivered. True

44. A custodian of records must provide an affidavit that the copy made by the reporter is true and correct. False

45. GOVERNMENT CODE

46. 11522 Reinstatement of License or Reduction of Penalty • A person whose license has been revoked or suspended must wait a year before petitioning the agency for reinstatement or reduction of penalty. • If petitioned, the agency will notify the Attorney General.

47. Both the Attorney General and the petitioner will have the chance to present arguments before the agency. • The agency itself shall decide the petition, give the reasons supporting the decision, and outline the terms required for reinstatement.

48. 69944 Disqualification for Failure to Transcribe Notes • A reporter shall be deemed “incompetent” to act as official reporter if he does not file the transcript of a case on appeal within the allowed time.

49. 69945 Personal Attention to Duties • The official reporter may not neglect his official duties due to employment elsewhere and must attend to the duties of his office in person. • If, however, the reporter has been excused by the court, another reporter may be appointed to fill in.

50. 69946 Oath of Office • The official reporter of any court shall take and subscribe the constitutional oath of office before performing any duties.