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The case was remanded to the Ninth Circuit, which declared the arbitration agreement unconscionable under California law. That precluded arbitration proceedings and allowed Adams to pursue a regular lawsuit in California courts. [10] Adams was then able to pursue the original claims notwithstanding the decision by Justice Kennedy.
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
For example, as enacted in California, the Civil Code contains a definition of consideration, [4] a principle in the common law of contracts which has no direct equivalent in civil law systems. Similarly, it codifies the mailbox rule that communication of acceptance is effective when dropped in the mail, [ 5 ] [ 6 ] which is a feature unique to ...
The California Code of Civil Procedure (abbreviated to Code Civ. Proc. in the California Style Manual [a] or just CCP in treatises and other less formal contexts) is a California code enacted by the California State Legislature in March 1872 as the general codification of the law of civil procedure in the U.S. state of California, along with the three other original Codes.
The author, Paul Mason (1898–1985), was a scholar who worked for the California State Senate. He is best known for writing Constitutional History of California in 1951 and Manual of Legislative Procedure in 1935. The National Conference of State Legislatures (NCSL) was assigned copyright ownership by Mason prior to his death.
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The Court refers to the tax as a "sales tax"; however, it was a "transaction privilege" or gross receipts tax based on Complete Auto's gross receipts. Complete Auto paid the taxes of $122,160.59 under protest, and then undertook a refund action in the Chancery Court of the First Judicial District of Hinds County. Complete Auto claimed that its ...
Free Law Project is a United States federal 501(c)(3) Oakland-based [1] nonprofit that provides free access to primary legal materials, develops legal research tools ...