Search results
Results from the WOW.Com Content Network
Today, the California Code of Civil Procedure is comprehensive only with regard to trial court procedure. As a result of a bill pushed through the legislature at the suggestion of Chief Justice Phil S. Gibson in 1941, appellate procedure in California is governed primarily by the California Rules of Court (specifically, Title 8, Appellate Rules).
Many of California's larger superior courts have specialized divisions for different types of cases like criminal, civil, traffic, small claims, probate, family, juvenile, and complex litigation, but these divisions are simply administrative assignments that can be rearranged at the discretion of each superior court's presiding judge in ...
In California, criminal defendants have the right to appeal both felony [29] and misdemeanor [30] convictions. If the defendant is convicted of a misdemeanor, they have the right to be released on bail pending the outcome of their appeal. Misdemeanor appeals are heard by the Appellate Division of the California Superior Court.
The Judicial Council of California is the rule-making arm of the California court system. [1] In accordance with the California Constitution and under the leadership of the Chief Justice of the Supreme Court of California, the council is responsible for "ensuring the consistent, independent, impartial, and accessible administration of justice."
Decisions from federal courts are also frequently cited as a source of persuasive authority about California law, even by the California Supreme Court. [12] Although California courts have no obligation to follow federal precedents about matters of state law, they generally follow federal decisions on issues of federal law, even though they are ...
An alternative writ and order to show cause are identical in effect, but semantically slightly different; an alternative writ directs the trial court either to comply with its terms or show cause why it should not be ordered to do so, while an order to show cause only directs the trial court to show cause why the relief should not be granted.
In June, 1998, California passed Proposition 220, which allowed the judges in each county to determine if the county should have only one trial court. By 2001, all 58 counties had consolidated their courts into a single superior court. The California courts of appeal were added to the judicial branch by a constitutional amendment in 1904.
The Supreme Court of Victoria, Australia, an example of a trial court. A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review (appellate courts). Most appellate courts do not ...