Exam (elaborations)
California Law
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Exam of 7 pages for the course REE 4103 at REE 4103 (California Law)
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California Law1849 and 1879 - ANS-2 California constitutions
1879 Constitutional amended - ANS-Hundreds of times
According to article XVIII - ANS-There are 3 ways a provision may be amended
Appeals are heard by court of appeals - ANS-In appropriate geographic district
Appeals focus solely on the error - ANS-Will not consider new facts
Appellant courts don't retry facts of a case - ANS-Appeals are only allowed if There was
an error in trial court procedure that is reviewable and that prejudiced the outcome of a
case
Appellate proceedings - ANS-1. Both sides submit documents outlining issues to be
raised on Appel (briefs)
2. along with cases or statutory authorities which should allows the judge to decide in
their favor
3. request to argue cases orally in front of panel of judges can be made
4. Briefs are read by judges, one of whom writes the opinion that details the courts
reasoning
5. parties are free to appeal to the California Supreme Court
Article XVIII § 1 - ANS-Both senate and assembly can propose an amendment
Idea can come from senator, assembly person, or gov can ask legislature to propose a
particular amendment (follows similar path as bill(const amendment must pass with
2/3rds )membership )
Bills are numbered consecutively in order introduced - ANS-With 1 at the beginning of
each two year session
by voters through initiative process or by legislature - ANS-Statutes are laws passed
CA Code of Civil Procedure §§ 904.1 and 904.2 - ANS-Parties at trial court level have s
right to appeal court orders and final judgement
, CALCRIM and CACI - ANS-Can be found online by private publishers
California code of regulations - ANS-When agencies want to adopt, amend, repeal
regulations Office of Administrative law
oal has California regulatory notice register mailed to subscribers
information includes brief explanation , proposed action, what's behind policy behind
new regulations, authorization code section to submit comments from the public
California Constitution - ANS-Much of the language came from Iowa and NY
California courts - ANS-Trial Court, court of Appeals, Supreme Court
California has had - ANS-Two constitutions
California legal research - ANS-Primary and secondary sources
California legislature produces a set called - ANS-Statutes and amendments to codes:
chronological compilation of enacted laws
Civil and criminal cases start in - ANS-superior/ trial court
cases don't result in opinions
defendant guilty or not guilty (criminal)
liable or not liable (civil)
County level rules - ANS-are supplementary to and subject to state rules:
1. Circumstances under which attorney's may appear by telephone instead of in person
2. amounts of bail for various types of cases
3. County and state rules are published in print by private publishers and online
www.courts.ca.gov
Court rules are governed by - ANS-1. Constitution 2. California codes 3. Court rules 4.
Judicial council 3. Forms 4. Pleadings 5. Jury instructions
Court rules exists on - ANS-State and county level
Currency indications in Westlaw next are at the bottom of screen - ANS-
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