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The writ of mandate is a type of extraordinary writ in the U.S. state of California. [ 1 ] [ 2 ] In California, certain writs are used by the superior courts , courts of appeal and the Supreme Court to command lower bodies, including both courts and administrative agencies, to do or not to do certain things.
A mandate is desirable for political parties, as it gives them leeway in policy implementation. [1] A party or candidate may claim to have a mandate, but it only confers a political advantage if this claim is widely accepted. [5] Non-electoral governments, such as dictatorships and monarchies, may also claim to have a popular mandate to rule. [6]
Front page of the California Regulatory Notice Register. Pursuant to certain broadly worded statutes, state agencies have promulgated an enormous body of regulations, which are codified in the California Code of Regulations (CCR) and carry the force of law to the extent they do not conflict with any statutes or the state or federal Constitutions.
In California, writs of mandate are usually issued first in the alternative and then, if the filing party prevails, as a peremptory writ. However, in certain cases, the court of appeal or Supreme Court may grant a 'peremptory writ in the first instance', granting the requested relief immediately.
In turn, it was the California Practice Act that served as the foundation of the California Code of Civil Procedure. New York never enacted Field's proposed civil or political codes, and belatedly enacted his proposed penal and criminal procedure codes only after California, but they were the basis of the codes enacted by California in 1872. [11]
In California, a ballot proposition is a referendum or an initiative measure that is submitted to the electorate for a direct decision or direct vote (or plebiscite). If passed, it can alter one or more of the articles of the Constitution of California , one or more of the 29 California Codes , or another law in the California Statutes by ...
The State of California operates the University of California and the California State University as statewide systems. However, community colleges , which provide the first two years of post-secondary education and adult vocational courses, are organized in community college districts , which operate one or more community colleges within their ...
Faretta v. California, 422 U.S. 806 (1975), was a case in which the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and represent themselves in state criminal proceedings.