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California, 549 U.S. 270 (2007), is a decision by the Supreme Court of the United States in which the Court held, 6–3, that the sentencing standard set forward in Apprendi v. New Jersey (2000) applies to California's determinate sentencing law. In California, a judge may choose one of three sentences for a crime—a low, middle, or high term.
All California appellate courts are required by the California Constitution to decide criminal cases in writing with reasons stated (meaning that even in criminal appeals where the defendant's own lawyer has tacitly conceded that the appeal has no merit, [6] the appellate decision must summarize the facts and law of the case and review possible ...
California uses a modified Missouri Plan (merit plan) method of appointing judges, in which the Governor's office conducts an investigation of applicants in order to submit a list of potential applicants to the Judicial Nominees Evaluation Commission for a formal vetting process that is not made public. A detailed report is submitted to the ...
Li v. Yellow Cab Co. (1975): [55] The Court embraced comparative negligence as part of California tort law and rejected strict contributory negligence. Tarasoff v. Regents of the University of California (1976): [56] The Court held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a ...
Coleman v. Brown [2] [3] (Previously Coleman v. Wilson) (), is a federal class action civil rights lawsuit under the Civil Rights Act of 1871, Eighth and Fourteenth Amendment to the United States Constitution, and the Rehabilitation Act of 1973 alleging unconstitutional mental health care by the California Department of Corrections and Rehabilitation (CDCR).
The United States District Court for the Southern District of California is one of four federal district courts in California. [3] Court for the District is held at El Centro and the Edward J. Schwartz U.S. Courthouse and U.S. Courthouse Annex in San Diego. The district comprises Imperial and San Diego counties.
Bernard Witkin's Summary of California Law, a legal treatise popular with California judges and lawyers. The 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 Co
One quirk of California law is that when a party petitions the appellate courts for a writ of mandate (California's version of mandamus), the case name becomes [petitioner name] v. Superior Court (that is, the superior court is the respondent on appeal), and the real opponent is then listed below those names as the "real party in interest".