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Varian V. Delfino
''Varian Medical Systems, Inc. v. Delfino,'' 35 Cal.4th 180 (2005) is a California Supreme Court opinion by then-Associate Justice Janice R. Brown interpreting the state's SLAPP statute. Specifically, the case holds that an appeal from a denial of an anti-SLAPP motion stays all trial court proceedings: "The perfecting of an appeal from the denial of a special motion to strike automatically stays all further trial court proceedings on the merits upon the causes of action affected by the motion...you have a right not to be dragged through the courts because you exercised your constitutional rights." Facts In this case involving the arcana of appellate procedure, research scientists Michelangelo Delfino, Ph.D. and Mary E. Day filed an appeal from a $775,000 defamation judgment for tens of thousands of postings they made on their Website and on various Internet message boards criticizing their former employer, Varian Associates, renamed Varian Medical Systems in April 1999; two sen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Citation
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jack Komar
Judge Jack Komar is a Superior Court Judge of Santa Clara County, California Santa Clara County, officially the County of Santa Clara, is the sixth-most populous county in the U.S. state of California, with a population of 1,936,259, as of the 2020 United States Census, 2020 census. Santa Clara County and neighboring Sa .... He succeeded Justice Ronald B. Robie, of the California Court of Appeal, Third Appellate District. Before joining the bench in 1985, Judge Komar was in general civil and criminal practice in San Jose, California for 16 years and was deputy district attorney for Santa Clara County from 1966 to 1969. He served as the court's presiding judge from 1999 through 2000. References Cal Court Ruling Could Spell End for Lead-Paint Lawsuitslegalnewsline.com johnreedstark.net Contingency Fee Ruling in Lead Paint Case Heads for Calif. SC.legalnewsline.com Court Rejects 1970 Parcel Map, Excludes Parcels from Subdivision metroactive.com In the Supreme Court of Calif ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amicus Curiae
An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on whether to consider an ''amicus'' brief lies within the discretion of the court. The phrase is legal Latin and the origin of the term has been dated to 1605–1615. The scope of ''amici curiae'' is generally found in the cases where broad public interests are involved and concerns regarding civil rights are in question. In American law, an ''amicus curiae'' typically refers to what in some other jurisdictions is known as an intervenor: a person or organization who requests to provide legal submissions so as to offer a relevant alternative or additional perspective regarding the matters in dispute. In the American courts, the amicus may be referred to as an ''amicus'' brief. In other jurisdictions, such as Canada, an ''amicus curiae'' is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Pro Per
''Pro se'' legal representation ( or ) comes from Latin ''pro se'', meaning "for oneself" or "on behalf of themselves" which, in modern law, means to argue on one's own behalf in a legal proceeding, as a defendant or plaintiff in civil cases, or a defendant in criminal cases, rather than have representation from counsel or an attorney. This status is sometimes known as ''in propria persona'' (abbreviated to "pro per"). In England and Wales the comparable status is that of "litigant in person". Prevalence According to the National Center for State Courts in the United States, as of 2006 ''pro se'' litigants had become more common in both state courts and federal courts. Estimates of the ''pro se'' rate of family law overall averaged 67% in California, 73% in Florida's large counties, and 70% in some Wisconsin counties. In San Diego, for example, the number of divorce filings involving at least one ''pro se'' litigant rose from 46% in 1992 to 77% in 2000, in Florida from 66% ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jamie A
Jamie is a unisex name. It is a diminutive form of James (name), James or, more rarely, other names. It is also given as a name in its own right. People Female * Jamie Anne Allman (born 1977), American actress * Jamie Babbit (born 1970), American film and television director * Jamie Belsito (born 1973), American politician * Jamie Bernadette, American actress and occasional producer * Jamie Bochert (born 1978), American fashion model and musician * Jamie Brewer, American actress and model * Jamie Broumas (born 1959), American jazz singer * Jamie Chadwick (born 1998), British racing driver * Jamie Chung (born 1983), American actress * Jamie Clayton (born 1978), American actress and model * Jamie Lee Curtis (born 1958), American actress and author * Jamie Dantzscher (born 1982), American artistic gymnast * Jamie Finn (born 1998, Irish footballer * Jamie Gauthier, American Democratic politician * Jamie Ginn (born 1982), American beauty queen * Jamie Gorelick (born 1950), American la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Derogatory
A pejorative or slur is a word or grammatical form expressing a negative or a disrespectful connotation, a low opinion, or a lack of respect toward someone or something. It is also used to express criticism, hostility, or disregard. Sometimes, a term is regarded as pejorative in some social or ethnic groups but not in others, or may be originally pejorative but later adopt a non-pejorative sense (or vice versa) in some or all contexts. Etymology The word ''pejorative'' is derived from a Late Latin past participle stem of ''peiorare'', meaning "to make worse", from ''peior'' "worse". Pejoration and melioration In historical linguistics, the process of an inoffensive word becoming pejorative is a form of semantic drift known as pejoration. An example of pejoration is the shift in meaning of the word ''silly'' from meaning that a person was happy and fortunate to meaning that they are foolish and unsophisticated. The process of pejoration can repeat itself around a single concept, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ronald M
Ronald is a masculine given name derived from the Old Norse ''Rögnvaldr'', Hanks; Hardcastle; Hodges (2006) p. 234; Hanks; Hodges (2003) § Ronald. or possibly from Old English '' Regenweald''. In some cases ''Ronald'' is an Anglicised form of the Gaelic ''Raghnall'', a name likewise derived from ''Rögnvaldr''. The latter name is composed of the Old Norse elements ''regin'' ("advice", "decision") and ''valdr'' ("ruler"). ''Ronald'' was originally used in England and Scotland, where Scandinavian influences were once substantial, although now the name is common throughout the English-speaking world. A short form of ''Ronald'' is ''Ron''. Pet forms of ''Ronald'' include ''Roni'' and ''Ronnie''. ''Ronalda'' and ''Rhonda'' are feminine forms of ''Ronald''. '' Rhona'', a modern name apparently only dating back to the late nineteenth century, may have originated as a feminine form of ''Ronald''. Hanks; Hardcastle; Hodges (2006) pp. 230, 408; Hanks; Hodges (2003) § Rhona. The names ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants must ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plaintiffs
A plaintiff (pi (letter), Π in List of legal abbreviations, legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue Judgment (law), judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wron ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of jurisdi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mootness
The terms moot and mootness are used in both in English and American law, although with different meanings. In the legal system of the United States, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law. Thereby the matter has been deprived of practical significance or rendered purely academic. The U.S. development of this word stems from the practice of moot courts, in which hypothetical or fictional cases were argued as a part of legal education. These purely academic issues led the U.S. courts to describe cases where developing circumstances made any judgment ineffective as "moot". The doctrine can be compared to the ripeness doctrine, another judge-made rule, that holds that judges should not rule on cases based entirely on anticipated disputes or hypothetical facts. Similar doctrines prevent the federal courts of the United States from issuing advisory opinions. This is different fro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Courts Of Appeal
The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided along county lines into six appellate districts.California Government Code Sections 69100-69107 The Courts of Appeal form the largest state-level intermediate appellate court system in the United States, with 106 justices. Jurisdiction and responsibility 
The decisions of the Courts of Appeal are binding on the
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