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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."
In 1936, the Supreme Court of California held that because the state constitution reserves judicial decisionmaking to the judicial branch, it lacked jurisdiction to issue a writ of certiorari to review the decision of a state board unless that board had been expressly authorized by the state constitution to exercise judicial power. [34]
After a $200,000 consultant's report declared the project ready for a final push, the Judicial Council of California scrapped the program in 2012 after $500 million in costs. [20] The 2GEFS Court Filing 2.0 specification was based on experiences with the Legal XML Court Filing 1.0 (before it became OASIS Legal XML). [21]
First, where a party to a contract exercises an express right of termination, he or she is sometimes said to have exercised a right to rescind the contract. Secondly, where a party is faced with a repudiation, the party can elect to terminate the contract; this too has often been referred to as an election to rescind. "Rescission" at common law.
In England and Wales, section 53(2) of the Sale of Goods Act 1979 articulates the first limb of Hadley, [t]he measure of damages for breach of warranty is the estimated loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty, while section 53(4), The fact that the buyer has set up the breach of ...
The California Commission on Judicial Appointments is a body of the government of California established in its current form in 1979 that is responsible for reviewing and confirming justices appointed by the Governor of California to the Supreme Court of California and judges appointed by the Governor to the California Courts of Appeal. [1]
In 1947, the state legislature directed the state judicial council to study the structure of the state's inferior courts. [15] The council's 1948 study found: "There are six separate and distinct types of inferior courts, totaling 767 in number, created and governed under varied constitutional, statutory, and charter provisions."
Whereas breach of condition is a serious breach that "denies the plaintiff the main benefit of the contract", [2] fundamental breach was supposed to be even worse, with the result that any exclusion clause limiting the defendant's liability would automatically become void and ineffective. Also, whereas breach of condition gives the plaintiff ...
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