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California Government Code
The California Codes are 29 legal codes enacted by the California State Legislature, which together form the general statutory law of California. The official Codes are maintained by the California Office of Legislative Counsel for the Legislature. The Legislative Counsel also publishes the official text of the Codes publicly aleginfo.legislature.ca.gov Codes currently in effect The 29 California Codes currently in effect are as follows: Repealed codes The following codes have been repealed: Influence elsewhere The California Codes have been influential in a number of other U.S. jurisdictions, especially Puerto Rico. For example, on March 1, 1901, Puerto Rico enacted a Penal Code and Code of Criminal Procedure which were modeled after the California Penal Code,See Special Provisions Under Former Section 1, History of the Penal Code of Puerto Rico, Title 32, ''Laws of Puerto Rico Annotated''. and on March 10, 1904, it enacted a Code of Civil Procedure modeled after the Califo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Code (law)
A code of law, also called a law code or legal code, is a systematic collection of statutes. It is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the code was enacted, by a process of codification. Though the process and motivations for codification are similar in different common law and civil law systems, their usage is different. In a civil law country, a code of law typically exhaustively covers the complete system of law, such as civil law or criminal law. By contrast, in a common law country with legislative practices in the English tradition, modify the existing common law only to the extent of its express or implicit provision, but otherwise leaves the common law intact. A code entirely replaces the common law in a particular area, leaving the common law inoperative unless and until the code is repealed. In a third case of slightly different usage, in the United States and other ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Law Review
''California Law Review'' (also referred to as ''CLR'') is the journal of the University of California, Berkeley, School of Law. It was established in 1912. The application process consists of an anonymous write-on competition, with grades playing no role in the consideration of membership. A personal statement is also considered. ''CLR'' is ranked third and fifth among United States law journals in studies conducted by Washington & Lee University and the University of Oregon, respectively. History ''California Law Review'' was the first student-run law review in the Western United States. It is the ninth-oldest surviving law review published in the United States. A companion volume, the ''California Law Review Online'', was launched in 2014, followed by a podcast in 2021. These publications feature shorter articles, essays, blogs, and audio content. Notable alumni Past editors and contributors have included * Chief Justice Roger J. Traynor (former editor-in-chief), * Justic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Comparative Negligence
Comparative negligence, called non-absolute contributory negligence outside the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to cause the injury. When the defense is asserted, the factfinder, usually a jury, must decide the degree to which the plaintiff's negligence and the combined negligence of all other relevant actors all contributed to cause the plaintiff's damages. It is a modification of the doctrine of contributory negligence that disallows any recovery by a plaintiff whose negligence contributed even minimally to causing the damages. Types of comparative negligence Prior to the late 1960s, only a few states had adopted the system. When comparative negligence was adopted, three main versions were used. The first is called "pure" comparative negligence. Under this type of comparative negligence, a plaintiff who ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Last Clear Chance
The last clear chance doctrine of tort law, is applicable to negligence cases in jurisdictions that apply rules of contributory negligence in lieu of comparative negligence. Under this doctrine, a negligent plaintiff can nonetheless recover if he is able to show that the defendant had the last opportunity to avoid the accident. Though the stated rationale has differed depending on the jurisdiction adopting the doctrine, the underlying idea is to mitigate the harshness of the contributory negligence rule. Conversely, a defendant can also use this doctrine as a defense. If the plaintiff has the last clear chance to avoid the accident, the defendant will not be liable. Statement The Restatement (Second) of TortsRestatement (Second) of Torts § 766C (1979). explains the doctrine in detail as follows: See also *Avoidable consequences rule *Personal injury Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. In common ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contributory Negligence
In some common law jurisdictions, contributory negligence is a defense to a tort claim based on negligence. If it is available, the defense completely bars plaintiffs from any recovery if they contribute to their own injury through their own negligence. Because the contributory negligence doctrine can lead to harsh results, many common law jurisdictions have abolished it in favor of a "comparative fault" or "comparative negligence" approach. A comparative negligence approach reduces the plaintiff's damages award by the percentage of fault that the fact-finder assigns to the plaintiff for his or her own injury. For example, if a jury thinks that the plaintiff is 30% at fault for his own injury, the plaintiff's damages award will be reduced by 30%. History The doctrine of contributory negligence was dominant in U.S. jurisprudence in the 19th and 20th century. The English case Butterfield v. Forrester is generally recognized as the first appearance, although in this case the jud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Original Intent
Original intent is a theory in law concerning constitutional and statutory interpretation. It is frequently used as a synonym for originalism; while original intent is indeed one theory in the originalist family, it has some salient differences which has led originalists from more predominant schools of thought such as original meaning to distinguish original intent as much as legal realists do. Approach Original intent maintains that in interpreting a text, a court should determine what the authors of the text were trying to achieve, and to give effect to what they ''intended'' the statute to accomplish, the actual ''text'' of the legislation notwithstanding. As in purposivism, tools such as legislative history are often used. One example of original intent is in Freeman v. Quicken Loans Inc., 012 The plaintiffs took out mortgage loans from Quicken Loans. In 2008 they sued Quicken Loans arguing that that respondent had violated Real Estate Settlement Procedures Act (RESPA) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Li V
Li, li, or LI may refer to: Businesses and organizations * Landscape Institute, a British professional body for landscape architects * Leadership Institute, a non-profit organization located in Arlington, Virginia, US, that teaches "political technology." * Li Auto (Nasdaq: LI), a Chinese manufacturer of electric vehicles * Liberal International, a political federation for liberal parties * Linux International, an international non-profit organization * Lyndon Institute, an independent high school in the U.S. state of Vermont * The Light Infantry, a British Army infantry regiment Names * Li (surname), including: ** List of people with surname Li ** Li (surname 李), one of the most common surnames in the world ** Li (surname 黎), the 84th most common surname in China ** Li (surname 栗), the 249th most common surname in China ** Li (surname 利), the 299th most common surname in China ** Li (surname 厉), a Chinese surname ** Li (surname 郦), a Chinese surname ** Li (surname 理 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of California
The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts. Since 1850, the court has issued many influential decisions in a variety of areas including torts, property, civil and constitutional rights, and criminal law. Composition Under the original 1849 California Constitution, the Court started with a chief justice and two associate justices. The Court was expanded to five justices in 1862. Under the current 1879 constitution, the Court expanded to six associate justices and one chief justice, for the current total of seven. The justices are appointed by the Governor of California and are subject to retention elections. According to the California Constitution, to be considered for appointment, as with any California ju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Law
The law of California consists of several levels, including Constitutional law, constitutional, Statutory law, statutory, and regulatory law, as well as case law. The California Codes form the general statutory law, and most state agency regulations are available in the California Code of Regulations. Sources of law The California Constitution, Constitution of California is the foremost source of state law. Legislation is enacted within the California Statutes, which in turn have been codified into the 29 California Codes. State agencies promulgate regulations with the California Regulatory Notice Register, which are in turn codified in the California Code of Regulations. California's legal system is based on common law, which is interpreted by case law through the legal opinion, decisions of the Supreme Court of California, California Courts of Appeal, and Appellate Divisions of the Superior Courts of California, and published in the ''California Reports'', ''California Appella ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Law Revision Commission
The California Law Revision Commission (CLRC) is an independent California state agency responsible for recommending reforms of state law. Duties The CLRC makes recommendations to the California State Legislature to correct defects in California statutory law and to bring that law into harmony with modern conditions. The CLRC may only study matters that have been expressly authorized by legislative resolution or statute. Some of the CLRC's studies are purely technical. For example, in 2006 the CLRC was directed to recodify the Penal Code provisions relating to deadly weapons, to make them easier to use and understand without making any change in the outcomes under those laws. Other CLRC studies involve significant legal and policy issues. For example, in 2013 the CLRC was directed to make recommendations to modernize California law on state and local government access to the customer records of communication service providers. CLRC studies vary widely in scope. Some involve the r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stephen Johnson Field
Stephen Johnson Field (November 4, 1816 – April 9, 1899) was an American jurist. He was an Associate Justice of the United States Supreme Court from May 20, 1863, to December 1, 1897, the second longest tenure of any justice. Prior to this appointment, he was the fifth Chief Justice of California. Early life and education Born in Haddam, Connecticut, he was the sixth of the nine children of David Dudley Field I, a Congregationalist minister, and his wife Submit Dickinson, a teacher. His family produced three other children of major prominence in 19th century America: David Dudley Field II the prominent attorney, Cyrus Field, the millionaire investor and creator of the Atlantic Cable, and Rev. Henry Martyn Field, a prominent clergyman and travel writer. He grew up in Stockbridge, Massachusetts, and went to Turkey at thirteen with his sister Emilia and her missionary husband, Rev. Josiah Brewer. He received a B.A. from Williams College, Williamstown, Massachusetts, in 1837. W ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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