California Code Of Civil Procedure
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California Code Of Civil Procedure
The California Code of Civil Procedure (abbreviated to Code Civ. Proc. in the California Style Manual or just CCP in treatises and other less formal contexts) is a California code enacted by the California State Legislature in March 1872 as the general codification of the law of civil procedure in the U.S. state of California, along with the three other original Codes. It contains most California statutes that govern the filing and litigation of lawsuits in the Superior Courts of California, as well as legal notices that must be given in a variety of circumstances. It also includes statutes of limitations that control the period of time during which a lawsuit may be commenced. The Code originally governed the legal profession, but those were later moved to the Business and Professions Code. Originally, the CCP was the codification of the Practice Act of 1851, as amended and revised. In turn, the Practice Act had been modeled after the New York Code of Civil Procedure of 1850, whic ...
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California Style Manual
The ''California Style Manual'', as provided by order of the California Supreme Court and pursuant to statute, is "the official organ for the styles to be used in the publication of the Official Reports" of decisions by California's courts. A person filing a document in a California state court may use either the style for legal citations prescribed in the ''Manual'' or the very different system promulgated in '' The Bluebook: A Uniform System of Citation'', but must use the same style consistently throughout the document. Most California state courts, and lawyers practicing in those courts, use the ''Manual's'' citation style. The current (fourth) edition of the ''Manual'', published in 2000 by West Group, is freely available online at the Sixth District Appellate Programbr>webpage History The California Style Manual was first published in 1942 by Bernard E. Witkin, who was the California Reporter of Decisions from 1940 to 1949. Originally intended primarily for court staff and ...
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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 ...
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California Statutes
California Statutes (Cal. Stats., also cited as Stats. within the state) are the acts of the California State Legislature as approved according to the California Constitution and collated by the Secretary of State of California. A legislative bill is "chaptered" by the Secretary of State once it passes through both houses of the California State Legislature and has either been signed by the Governor or has become law without the Governor's signature. The secretary of state assigns a sequential chapter number to all bills that become law. Statutes are cited by chapter and year, but legislative bills are also referred to by the bill number assigned by the Assembly or Senate when the bill is introduced. Codification Since the 1950s, virtually all general laws enacted as part of the California Statutes have been drafted as modifications to one of the 29 California Codes, each covering a general area of the law. One legislative bill may make changes in the statutes in a number of co ...
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California Legal Codes
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territories of the United States by population, most populous U.S. state and the List of U.S. states and territories by area, 3rd largest by area. It is also the most populated Administrative division, subnational entity in North America and the 34th most populous in the world. The Greater Los Angeles area and the San Francisco Bay Area are the nation's second and fifth most populous Statistical area (United States), urban regions respectively, with the former having more than 18.7million residents and the latter having over 9.6million. Sacramento, California, Sacramento is the state's capital, while Los Angeles is the List of largest California cities by population, most populous city in the state and the List of United States cities by population, ...
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Law Of California
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 ...
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United States Civil Procedure
Civil procedure in the United States consists of rules that govern civil actions in the federal, state, and territorial court systems, and is distinct from the rules that govern criminal actions. Like much of American law, civil procedure is not reserved to the federal government in its Constitution. As a result, each state is free to operate its own system of civil procedure independent of her sister states and the federal court system. History Early federal and state civil procedure in the United States was rather ''ad hoc'' and was based on traditional common law procedure but with much local variety. There were varying rules that governed different types of civil cases such as "actions" at law or "suits" in equity or in admiralty; these differences grew from the history of "law" and "equity" as separate court systems in English law. Even worse, discovery was generally unavailable in actions at law. In order to obtain discovery, a party to a legal action had to bring a c ...
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California Evidence Code
The California Evidence Code (abbreviated to Evid. Code in the California Style Manual) is a California code that was enacted by the California State Legislature on May 18, 1965 to codify the formerly mostly common-law law of evidence. Section 351 of the Code effectively abolished any remnants of the law of evidence not explicitly included in it. However, except for division 8, the Evidence Code only applies to judicial proceedings in the California state courts, and do not apply to any legislative, administrative or arbitral proceedings. See also * California Codes * Federal Rules of Evidence * Law of California 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 regulati ... References External links California Evidence Code Evidence Code Evidence Code United States evidence law {{ ...
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Law Of Evidence
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are various standards of evidence, standards sh ...
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Demurrer
A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word ''demur'' means "to object"; a ''demurrer'' is the document that makes the objection. Lawyers informally define a demurrer as a defendant saying "So what?" to the pleading. Typically, the defendant in a case will demur to the complaint, but it is also possible for the plaintiff to demur to an answer. The demurrer challenges the legal sufficiency of a cause of action in a complaint or of an affirmative defense in an answer. If a cause of action in a complaint does not state a cognizable claim or if it does not state all the required elements, then the challenged cause of action or possibly the entire complaint can be thrown out (informally speaking) at the demurrer stage as not legally sufficient. A demurrer is typically filed near the beginning of a case in response to the plaintiff filing a complaint or the defendant answering the complaint. In common law, a demu ...
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Virginia
Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth are shaped by the Blue Ridge Mountains and the Chesapeake Bay, which provide habitat for much of its flora and fauna. The capital of the Commonwealth is Richmond; Virginia Beach is the most-populous city, and Fairfax County is the most-populous political subdivision. The Commonwealth's population was over 8.65million, with 36% of them living in the Baltimore–Washington metropolitan area. The area's history begins with several indigenous groups, including the Powhatan. In 1607, the London Company established the Colony of Virginia as the first permanent English colony in the New World. Virginia's state nickname, the Old Dominion, is a reference to this status. Slave labor and land acquired from displaced native tribes fueled the ...
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Pleading
In law as practiced in countries that follow the English models, a pleading is a formal written statement of a party's claims or defenses to another party's claims in a civil action. The parties' pleadings in a case define the issues to be adjudicated in the action. The Civil Procedure Rules (CPR) govern Pleading (England and Wales), pleading in England and Wales. Federal Rules of Civil Procedure govern Pleading (United States), pleading in United States federal courts. Each state in the United States has its own statutes and rules that govern pleading in the courts of that state. Examples Pleading in early American law was done through common law writs (for example ''demurrer''). Under the Federal Rules of Civil Procedure a ''complaint'' is the first pleading in American law filed by a plaintiff which initiates a lawsuit. A complaint sets forth the relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for relief and sometimes a st ...
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Phil S
Phil may refer to: * Phil (given name), a shortened version of masculine and feminine names * Phill, a given name also spelled "Phil" * Phil, Kentucky, United States * ''Phil'' (film), a 2019 film * -phil-, a lexical fragment, used as a root term for many words * Philippines, a country in Southeast Asia, frequently abbreviated as ''PHIL'' * Philosophy, abbreviated as "phil." * Philology, abbreviated as "phil." See also * Master of Philosophy (M.Phil) * Doctor of Philosophy (D.Phil or Ph.D) * University Philosophical Society, known as "The Phil" * * Big Phil (other) * Dr. Phil (other) * Fil (other) * Fill (other) * Philip (other) * Philipp * Philippa * Philippic * Philipps Philipps is an English, Dutch, and German surname meaning "lover of horses". Derivative, patronym, of the more common ancient Greek name "Philippos and Philippides." Notable people with this surname are: "Philipps" has also been a shortened versi ...
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