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Unlike other state constitutions, the California Constitution strongly protects the corporate existence of cities and counties and grants them broad plenary home rule powers. [14] The constitution gives charter cities, in particular, supreme authority over municipal affairs, even allowing such cities' local laws to trump state law. [15]
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 of decision in all the courts of this State."
The enumerated powers that are listed in the Constitution include exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are contrasted with the reserved powers—also called states' rights—that only the states possess. [1] [2] Since the 1940s, the term "states' rights" has often been ...
The law originally was numbered § Penal Code 12276 was passed into law in 1989. It was renumbered in 2010 with the identical text. In 1999, Penal Code § 12276.1 was added to California State Law ("SB23"), defining assault weapons by characteristics. This law was renumbered in 2010 to the current Penal Code § 30515.
The speaker of the California State Assembly presides over the State Assembly. The lieutenant governor is the ex officio president of the Senate and may break a tied vote, and the president pro tempore of the California State Senate is elected by the majority party caucus. The Legislature meets in the California State Capitol in Sacramento.
The newest code is the Family Code, which was split off from the Civil Code in 1994. Although there is a Code of Civil Procedure, there is no Code of Criminal Procedure. [1] Instead, criminal procedure in California is codified in Part 2 of the Penal Code, while Part 1 is devoted to substantive criminal law.
By Barry Paperno Last week, the California legislature passed the Homeowner Bill of Rights, a series of bills enacted to protect California homeowners during the mortgage modification and ...
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 ...