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Although writ review is almost always discretionary, there are situations where a writ proceeding is the only way for a final judgment or order to be reviewed on appeal because the decision is not appealable. In those cases, the writ is no longer discretionary and the Court of Appeal must issue a full decision on the issue. [31]
After an appeal is heard, the "mandate" is a formal notice of a decision by a court of appeal; this notice is transmitted to the trial court and, when filed by the clerk of the trial court, constitutes the final judgment on the case, unless the appeal court has directed further proceedings in the trial court.
The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided along county lines into six appellate districts. [1] The Courts of Appeal form the largest state-level intermediate appellate court system in the United States, with 106 justices.
California's legal system is based on common law, which is interpreted by case law through the decisions of the Supreme Court of California, California Courts of Appeal, and Appellate Divisions of the Superior Courts of California, and published in the California Reports, California Appellate Reports, and California Appellate Reports Supplement ...
A federal court may also remand when a civil case is filed in a state court and the defendant removes the case to the local federal district court. If the federal court decides that the case was not one in which removal was permissible, it may remand the case to state court.
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has ...
(Reuters) -A U.S. appeals court on Friday left intact a key part of an injunction blocking a California law meant to shield children from online content that could harm them mentally or physically ...
Gubernatorial nomination and confirmation by Chief Justice, Attorney General and a senior presiding judge of the Court of Appeal: Authorised by: California Constitution: Appeals to: Supreme Court of the United States (for matters involving U.S. federal law or the U.S. Constitution only) Judge term length: 12 years; renewable: Number of ...