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Special Motion To Strike
The special motion to strike is a Motion (law), motion authorized by the California Code of Civil Procedure intended to stop strategic lawsuits against public participation (SLAPPs). They were created in 1992 with the purpose of encouraging participation in matters of public significance. The motion allows a litigant to strike a Complaint (law), complaint when it arises from conduct in furtherance of the moving party's rights to Right_to_petition_in_the_United_States, petition or free speech in connection with a public issue. If the moving party prevails, they are entitled to Attorney's fee, attorney's fees by right. The motion is codified in section 425.16 of the Code. More than 300 published court opinions have interpreted and applied California's anti-SLAPP law. Because the right to file a special motion to strike is substantive law, substantive Immunity (law), immunity to suit, rather than a merely procedural right, Federal judiciary of the United States, federal courts apply th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Motion (law)
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge (or judges) to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion may be called the ''moving party'', or may simply be the ''movant''. The party opposing the motion is the ''nonmoving party'' or ''nonmovant''. Process In the United States, as a general rule, courts do not have self-executing powers. In other words, in order for the court to rule on a contested issue in a case before it, one of the parties or a third party must raise an appropriate motion asking for a particular order. Some motions may be made in the form of an oral request in open court, which is then either summarily granted or denied orally by the court. This is still common with motions ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Council Of California
The Judicial Council of California is the rule-making arm of the California court system. In accordance with the California Constitution and under the leadership of the Chief Justice of the Supreme Court of California, the council is responsible for "ensuring the consistent, independent, impartial, and accessible administration of justice." It was created by an amendment to article VI of the California Constitution in 1926. Rules The California Rules of Court are rules adopted by the Judicial Council. Every court may also make local rules for its own government and the government of its officers not inconsistent with law or with the rules adopted and prescribed by the Judicial Council. California law encourages the Judicial Council to provide for uniformity in rules and procedures throughout all courts on the form of papers, limitations on the filing of papers, rules relating to law and motion, and requirements concerning documents to be filed at or prior to trial.California Gov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Civil Liberties Union
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". The ACLU works through litigation and lobbying, and has over 1,800,000 members as of July 2018, with an annual budget of over $300 million. Affiliates of the ACLU are active in all 50 states, the District of Columbia, and Puerto Rico. The ACLU provides legal assistance in cases where it considers civil liberties to be at risk. Legal support from the ACLU can take the form of direct legal representation or preparation of '' amicus curiae'' briefs expressing legal arguments when another law firm is already providing representation. In addition to representing persons and organizations in lawsuits, the ACLU lobbies for policy positions that have been established by its board of directors. Current positions of the ACLU include opposing the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Appellate Projects
The California appellate projects are 501(c)(3) non-profit legal corporations under a contract with the California Court of Appeal to provide legal services to indigent parties on appeal from criminal, delinquency, dependency and mental health judgments in their respective district. There are five appellate project corporations, of which the California Appellate Project operates a separate project, the California Appellate Project in San Francisco, to assist in death penalty cases. The appellate projects are as follows: * ThFirst District Appellate Project covering the First District. * ThCalifornia Appellate Project covering the Second District. ThCalifornia Appellate Project in San Francisco a part of the California Appellate Project, provides assistance to private counsel appointed by the California Supreme Court to represent indigent defendants who have been sentenced to death by a California superior court, and is considered a separate appellate project by the Judicial Counc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nonprofit Organization
A nonprofit organization (NPO) or non-profit organisation, also known as a non-business entity, not-for-profit organization, or nonprofit institution, is a legal entity organized and operated for a collective, public or social benefit, in contrast with an entity that operates as a business aiming to generate a Profit (accounting), profit for its owners. A nonprofit is subject to the non-distribution constraint: any revenues that exceed expenses must be committed to the organization's purpose, not taken by private parties. An array of organizations are nonprofit, including some political organizations, schools, business associations, churches, social clubs, and consumer cooperatives. Nonprofit entities may seek approval from governments to be Tax exemption, tax-exempt, and some may also qualify to receive tax-deductible contributions, but an entity may incorporate as a nonprofit entity without securing tax-exempt status. Key aspects of nonprofits are accountability, trustworth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shield Law
A shield is a piece of personal armour held in the hand, which may or may not be strapped to the wrist or forearm. Shields are used to intercept specific attacks, whether from melee weapon, close-ranged weaponry or projectiles such as arrows, by means of active blocks, as well as to provide passive protection by closing one or more lines of engagement during combat. Shields vary greatly in size and shape, ranging from large panels that protect the user's whole body to small models (such as the buckler) that were intended for hand-to-hand-combat use. Shields also vary a great deal in thickness; whereas some shields were made of relatively deep, absorbent, wooden planking to protect soldiers from the impact of spears and crossbow bolts, others were thinner and lighter and designed mainly for deflecting blade strikes (like the roromaraugi or qauata). Finally, shields vary greatly in shape, ranging in roundness to angularity, proportional length and width, symmetry and edge pattern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Public Utilities Commission
The California Public Utilities Commission (CPUC or PUC) is a regulatory agency that regulates privately owned public utilities in the state of California, including electric power, telecommunications, natural gas and water companies. In addition, the CPUC regulates common carriers, including household goods movers, passenger transportation companies such as limousine services, and rail crossing safety. The CPUC has headquarters in the Civic Center district of San Francisco, and field offices in Los Angeles and Sacramento. History On April 1, 1878, the California Office of the Commissioner of Transportation was created. During the 19th century, public concerns over the unbridled power of the Southern Pacific Railroad grew to the point that a three-member Railroad Commission was established, primarily to approve transportation prices. However, the Southern Pacific quickly dominated this commission to its advantage, and public outrage re-ignited. As experience with public regula ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brown Act
The Ralph M. Brown Act is a California law that guarantees the public's right to attend and participate in meetings of local legislative bodies. Located at California Government Code 54950 ''et seq.'', it is an act of the California State Legislature, authored by Assemblymember Ralph M. Brown and passed in 1953. The Brown Act, originally a 686 word statute that has grown substantially over the years, was enacted in response to mounting public concerns over informal, undisclosed meetings held by local elected officials. City councils, county boards, and other local government bodies were avoiding public scrutiny by holding secret "workshops" and "study sessions." The Brown Act applies to “local agencies,” meaning a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or any board, commission or agency thereof, or other local public agency. The Act has been interpreted to apply to email co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bagley-Keene Act
The Bagley-Keene Act of 1967, officially known as the Bagley-Keene Open Meeting Act, implements a provision of the California Constitution which declares that "the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny", and explicitly mandates open meetings for California State agencies, boards, and commissions. The act facilitates accountability and transparency of government activities and protects the rights of citizens to participate in State government deliberations. Similarly, California's Brown Act of 1953 protects citizen rights with regard to open meetings at the county and local government level. The act also reaffirms, "The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so tha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney General Of California
The attorney general of California is the state attorney general of the Government of California. The officer's duty is to ensure that "the laws of the state are uniformly and adequately enforced" (Constitution of California, Article V, Section 13). The California attorney general carries out the responsibilities of the office through the California Department of Justice. The department employs over 1,100 attorneys and 3,700 non-attorney employees. The California attorney general is elected to a four-year term, with a maximum of two terms. The election is held at the same statewide election as the Governor of California, governor, California Lieutenant Governor, lieutenant governor, California State Controller, controller, California Secretary of State, secretary of state, California State Treasurer, treasurer, California Superintendent of Public Instruction, superintendent of public instruction, and California Insurance Commissioner, insurance commissioner. A few individual atto ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Public Records Act
The California Public Records Act (Statutes of 1968, Chapter 1473; currently codified as Chapter 3.5 of Division 7 of Title 1 of the California Government Code) was a law passed by the California State Legislature and signed by then-governor Ronald Reagan in 1968 requiring inspection or disclosure of governmental records to the public upon request, unless exempted by law. The law is similar to the Freedom of Information Act, except that "the people have the right of access to information concerning the conduct of the people's business" is enshrined in Article 1 of the California Constitution due to California Proposition 59 (the Sunshine Amendment, 2004). Purpose When the legislature enacted CPRA, it expressly declared that "access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state." Indeed, in California "access to government records has been deemed a fundamental interest of citizenship" and has ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frivolous Litigation
Frivolous litigation is the use of legal processes with apparent disregard for the merit of one's own arguments. It includes presenting an argument with reason to know that it would certainly fail, or acting without a basic level of diligence in researching the relevant law and facts. That a claim was lost does not imply the claim in itself was frivolous. Frivolous litigation may be based on absurd legal theories, may involve a superabundance or repetition of motions or additional suits, may be uncivil or harassing to the court, or may claim extreme remedies. A claim or defense may be frivolous because it had no underlying justification in fact, or because it was not presented with an argument for a reasonable extension or reinterpretation of the law. A claim may be deemed frivolous because existing laws unequivocally prohibit such a claim, such as a so-called Good Samaritan law. In the United States, Rule 11 of the Federal Rules of Civil Procedure and similar state rules req ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
