Image by Bet_NoireThere are numerous rules of statutory construction used by the courts in California. Those involved in the development and implementation of state legislation should be aware of some of these principles.
Image by LUNAMARINAOPINION – AB 1755 represents a necessary step forward in modernizing the state’s lemon law, keeping it strong and effective while making the legal process faster and more efficient for everyone.
California courts, image by NanoStockkMembers of the state and federal judiciary branches play a role in the California lawmaking process as a part of our government’s system of “checks and balances.” When California statutes or regulations are legally challenged, for example, then the state or federal court that makes a determination establishes a policy for the state.
Image by Love EmployeeOPINION – Technology, though imperfect, is better than the human brain at many things: remembering passwords or counting the steps we take each day. But in a courtroom, where the accuracy of testimony can determine a person’s fate – overreliance on flawed technology can have dire consequences.
Image by NanoStockkMainly because legislative committees in the California Legislature have to process so many bills at their limited hearings, there is little public debate, particularly among legislators, regarding bills that are heard in the committees of the State Senate and State Assembly. Nonetheless, there are instances when a legislator’s public statements may be considered by the judiciary.
California justice, image by MehaniqOn occasion, bills in the California Legislature contain severability clauses. These types of bills contain multiple provisions and, when those types of bills are challenged in litigation, a court may be required to determine whether the valid provisions are “severable” from the law’s invalid provisions.
tAs part of California’s Administrative Procedure Act (APA), which is contained in the state’s Government Code, executive branch agencies and departments that adopt regulations are required to conduct an economic impact analysis. What is that economic impact analysis and how have the courts interpreted agency actions to comply with this statutory mandate?
Image by bangolandCalifornia Government Code Section 11350 provides that any interested person may obtain a judicial declaration regarding the validity of any regulation or order of repeal by bringing an action for declaratory relief in superior court in this state in accordance with the Code of Civil Procedure.
The judicial branch of government has its own unique language. The purpose of this glossary is to provide a listing of terms and phrases related to the judicial branch of California state government for those who work in and around the State Capitol.
California law, image by Vitalii VodolazskyiIn California, as in most states, a statute is presumed to operate prospectively. Quarry v. Doe I (2012) 53 Cal.4th 945, 955. In construing statutes, there is a presumption against retroactive application unless the Legislature plainly has directed otherwise by means of express language of retroactivity or other sources that provide a clear and unavoidable implication that the Legislature intended retroactive application of the statute.