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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).
Unpublished decisions from California courts are also an important source of information about state law, even though they cannot be cited in future cases. [8] Technically, the Court of Appeal is obligated to publish any opinion that materially contributes to the development of California caselaw, but this rule is not strictly followed, and the ...
The U.S. Constitution takes priority over the California constitution so courts may still be obliged to exclude evidence under the federal Bill of Rights. In practice the law prevented the California courts from interpreting the state constitution so as to impose an exclusionary rule more strict than that required by the federal constitution. [3]
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 1941, the Puerto Rican Legislative Assembly joined the nationwide movement towards transferring civil procedure and evidentiary law into a system of rules promulgated by the courts, then abolished the judicial power to promulgate rules in 1946, then reinstated it in 1952 (subject to the right of the legislature to amend court rules before ...
On August 8, 2008, the California Superior Court turned down the legal challenge, affirming the new title and summary, stating, "the title and summary is not false or misleading because it states that Proposition 8 would 'eliminate the right of same-sex couples to marry' in California." The Superior Court based their decision on the previous ...
Strauss v. Horton, 46 Cal. 4th 364, 93 Cal. Rptr. 3d 591, 207 P.3d 48 (2009), was a decision of the Supreme Court of California, the state's highest court.It resulted from lawsuits that challenged the voters' adoption of Proposition 8 on November 4, 2008, which amended the Constitution of California to outlaw same-sex marriage.
[8] The Court deals with about 8,800 cases per year, although review is discretionary in most cases, and it dismisses the vast majority of petitions without comment. [9] It hears arguments and drafts full opinions for about 100 to 120 cases each year, of which about 20 are automatic death penalty appeals. [citation needed] The Court also ...