Search results
Results from the WOW.Com Content Network
Equitable defenses are usually affirmative defenses asking the court to excuse an act because the party bringing the cause of action has acted in some inequitable way. Traditionally equitable defenses were only available at the Court of Equity and not available at common law.
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]
Larry P. v. Riles is a California court case in which the court held that IQ tests could not be used to place African-American students in special education classes.. Five African-American children had been placed in special classes for the "educable mentally retarded", based on low IQ test scores.
Segraves v. California was a 1981 Superior Court of California case concerning the teaching of evolutionary biology in public schools. Kelly Segraves, a parent of three schoolchildren, sued the State of California, arguing that the teaching of evolution in public schools violated the Free Exercise Clause of the First Amendment to the United States Constitution.
In courts in the United States, laches has often been applied even where a statute of limitations exists, although there is a division of authority on this point. [9] If a court does accept the laches defense, it can decide either to deny the request for equitable relief or to narrow the equitable relief that it would otherwise give.
"All courts shall be open, and every person, for an injury done to him in his person, property or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay." [1] Connecticut: State of Connecticut Judicial Branch Frequently Asked Questions
Despite widespread judicial merger, the distinction between equitable and legal remedies remains relevant in a number of significant instances. Notably, the United States Constitution 's Seventh Amendment preserves the right to a jury trial in civil cases over $20 to cases "at common law".
State courts of record of California. Supreme Court of California [1] California Courts of Appeal (6 appellate districts) [2] Superior Courts of California (58 courts, one for each county) [3] State quasi-administrative courts of California. State Bar Court of California; [4] an administrative court within the judicial branch, subordinate to ...