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Bernard Ernest Witkin (May 22, 1904 – December 23, 1995) was an American lawyer and author. He is best remembered as the founder of the California law treatise, Summary of California Law, which came to be known as "Witkin" and gave rise to the Witkin Library of legal treatises.
Legal treatises are one of the most important sources of secondary authority about California law. These texts are expressly recognized as a source of 'unwritten law' by California's Code of Civil Procedure. [15] The two most influential treatises are published by The Witkin Legal Institute Summary of California Law and The Rutter Group. [16]
An example of how pocket parts may outgrow the pockets. The ninth edition of Witkin's Summary of California Law was superseded by the tenth edition in 2005 after the pocket parts grew too big. A pocket part (formally titled as a supplement, abbr. supp.) is a special document located inside the back cover of certain hardcover legal reference ...
As noted above, the initial four codes were not fully comprehensive. As a result, California statutory law became disorganized as uncodified statutes continued to pile up in the California Statutes. After many years of on-and-off Code Commissions, the California Code Commission was finally established as a permanent government agency in 1929.
The California Style Manual was first published in 1942 by Bernard E. Witkin, who was the California Reporter of Decisions from 1940 to 1949. Originally intended primarily for court staff and the Reporter of Decisions themselves, the Manual soon became popular amongst attorneys. The second edition was written by William Nankervis in 1961, who ...
The California courts have long grappled with the appropriate standard for determining whether a worker is properly classified as an employee or an independent contractor for the purpose of California’s employment laws. At common law, the employment relationship was determined by the degree of control over the details of the work being performed.
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 Restatement (Second) of the Law of Contracts is a legal treatise from the second series of the Restatements of the Law, and seeks to inform judges and lawyers about general principles of contract common law. It is one of the best-recognized and frequently cited legal treatises [1] in all of American jurisprudence.