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California law and the FEHA also allow for the imposition of punitive damages [9] [10] when a corporate defendant's officers, directors or managing agents engage in harassment, discrimination, or retaliation, or when such persons approve or consciously disregard prohibited conduct by lower-level employees in violation of the rights or safety of the plaintiff or others.
The prosecutor's right to demand discovery is not as broad as the defendant's, as it is limited by the defendant's Fifth Amendment protection against self-incrimination. [6] Once reciprocal discovery is invoked, information that a defendant must disclose upon a prosecutor's request typically includes: Witness lists, Exhibit lists,
Civil rights cases concluded in U.S. district courts, by disposition, 1990–2006 [1]. Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from other parties.
Discovery procedures for defendants began with adoption of state laws in the 1920s. [2] In the following decades, courts began instituting new procedures. In 1962, for example, the California Supreme Court ordered reciprocal discovery rules, without an initial law requiring it. [ 3 ]
At common law, recognized by the Supreme Court in Pennoyer v. Neff (1877), a civil action was commenced by serving process on the defendant within the forum jurisdiction. Service on a defendant within the forum state created jurisdiction over the defendant regardless of whether the defendant was a resident of the state or was merely visiting it ...
Faretta v. California, 422 U.S. 806 (1975), was a case in which the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and represent themselves in state criminal proceedings.
The CPCs asserted that the law's requirements constituted compelled speech in violation of their rights to freedom of speech and free exercise of religion under the First Amendment. [9] Among these was a lawsuit filed in the U.S. District Court for the Southern District of California by the National Institute of Family and Life Advocates (NIFLA ...
Section 15 of the Judiciary Act of 1789 provided: [A]ll the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the ...