California State Civil Litigation Physical & Mental Examinations Paper 5

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This is for California State.

As part of your reading this week, you read about requests for physical and mental examinations. Why are these examinations used? What requirements must be met in your state to be able to compel such an exam? Would there be any use for a physical or mental examination in our case with Cain and Abel? Research a case in your state in which a physical or mental exam was requested and being contested. What were the facts of the case? How did the judge rule? Why did the court make that decision?

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Attached.

Running Head: PHYSICAL AND MENTAL EXAMINATIONS IN COURT CASES

Physical and Mental Examinations in Court Cases
Name
Institutional Affiliation

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PHYSICAL AND MENTAL EXAMINATIONS IN COURT CASES

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Physical and mental examinations are often used in cases and require that one of the
parties involved to be physically and mentally examined to further a case. This can be in cases
such as where a husband to a wife refuses that a child in the engagement is his. This will then
require that blood tests be conducted to determine the illegibility or legibility of the husband as
the father. However, courts are limited to how they can order such examinations as this requires
that the condition of the individual to be examined is ‘in controversy’. As such, there is an ‘in
controversy’ element to physical and mental examinations cases defined originally in the
Wadlow V. Humberd case where Wadlow was the plaintiff and Humberd the defendant. The
defendant had written an article claiming that the plaintiff was physically and mentally deficient
and asked that the court order for examinations. Originally this was denied by the court as under
Rule 35 the plaintiff was not a party under the guidelines and therefore...


Anonymous
Really useful study material!

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