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Dicta from the California Supreme Court is entitled to great weight, and the Court of Appeal rarely exercises its power to disregard the high court's gratuitous statements about California law. [10] Cases from other states are often cited in California appellate opinions, particularly when the out-of-state decisions disagree with one another. [11]
In practice, this works out to about 16,000 appeals per year, resulting in 12,000 opinions (not all appeals are pursued properly or are meritorious enough to justify an opinion). Under the common law, judicial opinions themselves have legal effect through the rule of stare decisis. But because of their crushing caseloads (about 200 matters per ...
Appellate review of the decisions of the Agricultural Labor Relations Board, [37] the Public Utilities Commission, [38] and the Workers Compensation Appeals Board of the Department of Industrial Relations [39] is available only by petition for writ of review (California's modern term for certiorari) to the relevant California Court of Appeal ...
Two justices earned their law degrees from a University of California law school (Corrigan at UC Law SF and Evans at Davis), two from a private California university (Guerrero at Stanford and Jenkins at the University of San Francisco), and three from law schools at out-of-state private universities (Liu and Kruger at Yale, and Groban at Harvard).
Sometimes, the appellate court finds a defect in the procedure the parties used in filing the appeal and dismisses the appeal without considering its merits, which has the same effect as affirming the judgment below. (This would happen, for example, if the appellant waited too long, under the appellate court's rules, to file the appeal.)
In Wisconsin, tenants cannot be forced to leave an apartment until after their landlord files an eviction suit in court and the judge rules in the landlord's favor.
All California appellate courts are required by the California Constitution to decide criminal cases in writing with reasons stated (meaning that even in criminal appeals where the defendant's own lawyer has tacitly conceded that the appeal has no merit, [6] the appellate decision must summarize the facts and law of the case and review possible ...
The impact of Roman law had decreased sharply after the age of Bracton, but the Roman divisions of actions into in rem (typically, actions against a thing or property for the purpose of gaining title to that property; must be filed in a court where the property is located) and in personam (typically, actions directed against a person; these can ...