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For example, on March 1, 1901, Puerto Rico enacted a Penal Code and Code of Criminal Procedure which were modeled after the California Penal Code, [1] [2] and on March 10, 1904, it enacted a Code of Civil Procedure modeled after the California Code of Civil Procedure. [3] Thus, California case law interpreting those codes was treated as ...
For example, as enacted in California, the Civil Code contains a definition of consideration, [4] a principle in the common law of contracts which has no direct equivalent in civil law systems. Similarly, it codifies the mailbox rule that communication of acceptance is effective when dropped in the mail, [5] [6] which is a feature unique to the ...
Coca-Cola Bottling Co., 24 Cal.2d 453, 150 P.2d 436 (1944) Important case in the development of the common law of product liability in the United States based on the concurring opinion of California Supreme Court justice Roger Traynor who stated "that a manufacturer incurs an absolute liability when an article that he has placed on the market ...
Like all U.S. states except Louisiana, California has a reception statute providing for the "reception" of English law. California Civil Code Section 22.2 is as follows: "The common law of England, so far as it is not repugnant to or inconsistent with the Constitution of the United States, or the Constitution or laws of this State, is the rule ...
The Case of Prohibitions (1607) (Court of Common Pleas) Bushel's Case (1670) (Court of Common Pleas): establishing the principle that a judge cannot coerce a jury to convict. Entick v Carrington [1765] 19 Howell's State Trials 1030: establishing the civil liberties of individuals and limiting the scope of executive power.
One quirk of California law is that when a party petitions the appellate courts for a writ of mandate (California's version of mandamus), the case name becomes [petitioner name] v. Superior Court (that is, the superior court is the respondent on appeal), and the real opponent is then listed below those names as the "real party in interest".
Lists of case law cover instances of case law, legal decisions in which the law was analyzed to resolve ambiguities for deciding current cases. They are organized alphabetically, by topic or by country.
Civil law is sometimes referred to as neo-Roman law, Romano-Germanic law or Continental law. The expression "civil law" is a translation of Latin jus civile, or "citizens' law", which was the late imperial term for its legal system, as opposed to the laws governing conquered peoples (jus gentium); hence, the Justinian Code's title Corpus Juris Civilis.
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