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Writ petitions can also be filed with a superior court in order to compel an administrative agency or other entity, public or private, to perform a duty required by law. Although these petitions can be filed with the court of appeal or Supreme Court in the first instance, they are usually summarily denied without prejudice. [33]
Lambert v. California, 355 U.S. 225 (1957), was a United States Supreme Court case regarding the defense of ignorance of the law when there is no legal notice. [1] The court held that when one is required to register one's presence, failure to register may be punished only when there is a probability that the accused party had knowledge of the law before committing the crime of failing to ...
The act provides immunity to the State of California and its related entities from being sued. The law immunizes public employees from liability for “instituting or prosecuting any judicial or administrative proceeding” within the scope of their employment, “even if” the employees act “maliciously and without probable cause.” (Cal. Gov. Code, § 821.6)
The Court established the First Amendment right to petition as the origin of the antitrust exception allowing companies to lobby for governmental action that might cause disadvantages to competitors The Court modified this exception to exclude cases where a competitor does not try to influence public officials but instead tries to deny others ...
Argument: Oral argument: Case history; Prior: For Stone v.Powell: . convicted (Superior Court of San Bernardino County); affirmed (California Court of Appeal, 1969); habeas corpus petition denied (California Supreme Court); habeas corpus petition denied (Northern District of California); reversed, 507 F.2d 93 (9th Cir. 1974), certiorari granted, 422 U. S. 1055 (1975)
State courts vary in their use of ex parte proceedings (for example, in custody cases, replevin cases and other civil matters), though most have it in one form or another. For example, in the States of California and Illinois, ex parte proceedings are available if notice is given before 10 a.m. the previous court day, or even shorter upon ...
Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County, 582 U.S. ___ (2017), was a United States Supreme Court case in which the Court held that California courts lacked personal jurisdiction over the defendant on claims brought by plaintiffs who are not California residents and did not suffer their alleged injury in California. [1]
That is, if a case originates in a federal court, there is no ability for a defendant to remove a case from federal court into state court. If the federal court lacks jurisdiction, the case is dismissed. Only cases that originate in a state court and are improperly removed to a federal court may be sent back to the state court where they started.