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99-434: [REDACTED] [REDACTED] [REDACTED] The Judiciary of California or the Judicial Branch of California is defined under the California Constitution as holding the judicial power of the state of California which is vested in the Supreme Court, the Courts of Appeal and the Superior Courts. The judiciary has a hierarchical structure with the California Supreme Court at the top, California Courts of Appeal as

198-499: A common law court system has trial courts , intermediate appellate courts and a supreme court . Thus, the lower courts are bound to obey precedent established by the appellate court for their jurisdiction, and all supreme court precedent. The Supreme Court of California 's explanation of this principle is that [u]nder the doctrine of stare decisis , all tribunals exercising inferior jurisdiction are required to follow decisions of courts exercising superior jurisdiction. Otherwise,

297-502: A 2020 population of 39,538,223. A constitutional revision originally required a constitutional convention but today may be passed with the approval of both two-thirds of the Legislature and approval by a majority of voters; while simplified since its beginnings, the revision process is considered more politically charged and difficult to successfully pass than an amendment. Voters exercising the initiative power are not permitted to propose

396-531: A constitutional revision. Many of the signatories to the state's original 1849 constitution were themselves prominent in their own right, and are listed below. The list notably includes several Californios (California-born, Spanish-speaking residents). Stare decisis Common law legal systems often view precedent as binding or persuasive, while civil law systems do not. Common-law systems aim for similar facts to yield similar and predictable outcomes, and observing precedent when making decisions

495-404: A determination as to the governing jurisdiction, a court is "bound" to follow a precedent of that jurisdiction only if it is directly in point. In the strongest sense, "directly in point" means that: (1) the question resolved in the precedent case is the same as the question to be resolved in the pending case, (2) resolution of that question was necessary to the disposition of the precedent case; (3)

594-541: A different three-judge panel. In federal systems the division between federal and state law may result in complex interactions. In the United States, state courts are not considered inferior to federal courts but rather constitute a parallel court system. In practice, however, judges in one system will almost always choose to follow relevant case law in the other system to prevent divergent results and to minimize forum shopping . Precedent that must be applied or followed

693-688: A higher court. In civil law and pluralist systems, as under Scots law , precedent is not binding but case law is taken into account by the courts. A court may consider the ruling of a higher court that is not binding. For example, a district court in the United States First Circuit could consider a ruling made by the United States Court of Appeals for the Ninth Circuit as persuasive authority. Courts may consider rulings made in other courts that are of equivalent authority in

792-426: A kind of super-stare decisis". The controversial idea that some decisions are virtually immune from being overturned, regardless of whether they were decided correctly in the first place, is the idea to which the term "super- stare decisis " now usually refers. The concept of super- stare decisis (or "super-precedent") was mentioned during the hearings of Chief Justice John Roberts and Justice Samuel Alito before

891-463: A majority of the members of the juvenile justice commission. The court clerks are responsible for clerical courtroom activities, interacting with the attorneys and the public, administering oaths, assisting with the impaneling juries, and are responsible for the inventory and safe-keeping of the exhibits. The functions of the bailiff are usually carried out by the county sheriff under contract, but Shasta County , and Trinity County still maintain

990-548: A precedent is binding: In a conflict of laws situation, jus cogens norms erga omnes and principles of the common law such as in the Universal Declaration of Human Rights , to a varying degree in different jurisdictions, are deemed overriding which means they are used to "read down" legislation, that is giving them a particular purposive interpretation , for example applying European Court of Human Rights jurisprudence of courts ( case law ). "Super stare decisis "

1089-543: A separate marshal . The election of judges, as well as the costs of running for office, have been criticized. Median spending for a judicial office of the Los Angeles County Superior Court has risen from $ 3,177 in 1970 to $ 70,000 in 1994. Fresno County public defenders have protested excessive case loads, carrying about 1,000 felony cases a year giving them an average of only about two hours and five minutes per case. California formerly had " justice of

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1188-486: A similar way, but are not obliged to do so and are required to consider the precedent in terms of principle. Their fellow judges' decisions may be persuasive but are not binding. Under the English legal system, judges are not necessarily entitled to make their own decisions about the development or interpretations of the law. They may be bound by a decision reached in a previous case. Two facts are crucial to determining whether

1287-677: A sort of binding precedent when they answer legal questions that a court has not, either form of opinion may act as a source of law if they have a direct effect on the administration of government. The courts of England and Wales are free to consider decisions of other jurisdictions, and give them whatever persuasive weight the English court sees fit, even though these other decisions are not binding precedent. Jurisdictions that are closer to modern English common law are more likely to be given persuasive weight (for example Commonwealth states such as Canada, Australia, or New Zealand). Persuasive weight might be given to other common law courts, such as from

1386-482: A stronger protection applies than under the U.S. Constitution's Eighth Amendment; the former prohibits punishments that are "cruel or unusual", while the latter only prohibits punishments that are "cruel and unusual". The constitution also confers upon women equality of rights in "entering or pursuing a business, profession, vocation, or employment." This is the earliest state constitutional equal rights provision on record. Two universities are expressly mentioned in

1485-415: Is a process that has its origins in the English common law. Most state attorney opinions address issues of government finance or the authority of political bodies within the state. Often, these opinions are the only available authority interpreting rarely‑litigated statutes and constitutional provisions. By and large, courts treat state attorney general opinions as persuasive authority. The opinions lack

1584-546: Is a term used for important precedent that is resistant or immune from being overturned, without regard to whether correctly decided in the first place. It may be viewed as one extreme in a range of precedential power, or alternatively, to express a belief, or a critique of that belief, that some decisions should not be overturned. In 1976, Richard Posner and William Landes coined the term "super-precedent" in an article they wrote about testing theories of precedent by counting citations. Posner and Landes used this term to describe

1683-452: Is among the longest in the world. This is predominantly due to additions by California ballot propositions , which allow enacting amendments by a simple majority vote in a referendum. Since its enactment, the California constitution has been amended an average of five times each year. As a result, if California were a sovereign state, its constitution would rank the second or third-longest in

1782-702: Is conducted using the California Court Case Management System and other local court implementations. Pursuant to common law tradition, the courts of California have developed a large body of case law through the decisions of the Supreme Court and the courts of appeal, which are published by the California Reporter of Decisions in the California Reports and California Appellate Reports , respectively. The appellate divisions of

1881-435: Is distinct from the courts' authority to appoint temporary judges, which requires a stipulation by the parties. Three types of SJOs have statutory authority in criminal cases: court commissioners, traffic trial commissioners, and traffic referees. There are small differences in the authority of these SJO types, but in almost all instances one type can be cross-assigned to exercise the authority of another type. They are elected by

1980-625: Is headquartered in San Francisco , with branch offices in Los Angeles and Sacramento . It hears oral arguments each year in all three locations. It consists of the Chief Justice of California and six Associate Justices. The Court has original jurisdiction in a variety of cases, including habeas corpus proceedings, and has the authority to review all the decisions of the California courts of appeal, as well as an automatic appeal for cases where

2079-438: Is known as binding precedent (alternately metaphorically precedent , mandatory or binding authority , etc.). Under the doctrine of stare decisis , a lower court must honor findings of law made by a higher court that is within the appeals path of cases the court hears. In state and federal courts in the United States of America, jurisdiction is often divided geographically among local trial courts, several of which fall under

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2178-406: Is not binding precedent but that is useful or relevant and that may guide the judge in making the decision in a current case. Persuasive precedent includes cases decided by lower courts, by peer or higher courts from other geographic jurisdictions, cases made in other parallel systems (for example, military courts, administrative courts, indigenous/tribal courts, state courts versus federal courts in

2277-418: Is often hard to distinguish from the ratio decidendi (reason for the decision). For these reasons, the obiter dicta may often be taken into consideration by a court. A litigant may also consider obiter dicta if a court has previously signaled that a particular legal argument is weak and may even warrant sanctions if repeated. A case decided by a multijudge panel could result in a split decision. While only

2376-500: Is the primary organizing law for the U.S. state of California , describing the duties, powers, structures and functions of the government of California . California's constitution was drafted in both English and Spanish by American pioneers , European settlers, and Californios ( Hispanics of California ) and adopted at the 1849 Constitutional Convention of Monterey , following the American Conquest of California and

2475-678: Is the case of Pruneyard Shopping Center v. Robins , in which "free speech" rights beyond those addressed by the First Amendment to the United States Constitution were found in the California Constitution by the California courts. One of California's most significant prohibitions is against "cruel or unusual punishment," a stronger prohibition than the U.S. Constitution's Eighth Amendment prohibition against "cruel and unusual punishment." The Constitution of California

2574-506: Is the mechanism to achieve that goal. Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation (in UK parlance) or regulatory law (in US parlance)). Case law , in common-law jurisdictions,

2673-413: Is the set of decisions of adjudicatory tribunals or other rulings that can be cited as precedent. In most countries, including most European countries, the term is applied to any set of rulings on law, which is guided by previous rulings, for example, previous decisions of a government agency. Essential to the development of case law is the publication and indexing of decisions for use by lawyers, courts, and

2772-472: Is used for educational purposes. The California Constitution distinguishes between constitutional amendments and constitutional revisions, the latter of which is considered to be a "substantial change to the entire constitution, rather than ... a less extensive change in one or more of its provisions". Both require passage of a California ballot proposition by the voters, but they differ in how they may be proposed. A constitutional amendment may be placed on

2871-608: The American Law Institute . Some bodies are given statutory powers to issue guidance with persuasive authority or similar statutory effect, such as the Highway Code . In federal or multijurisdictional law systems, conflicts may exist between the various lower appellate courts. Sometimes these differences may not be resolved and distinguishing how the law is applied in one district , province, division or appellate department may be necessary. Usually, only an appeal accepted by

2970-594: The High Court and the Court of Appeal are each bound by their own previous decisions. The Supreme Court of the United Kingdom is able to deviate from its earlier decisions, although in practice it rarely does so. A lower court may not rule against a binding precedent, even if the lower court feels that the precedent is wrong. Even if an intermediate judge issues a ruling inconsistent with existing or subsequent precedent, if

3069-697: The Mexican–American War and in advance of California's Admission to the Union in 1850. The constitution was amended and ratified on 7 May 1879, following the Sacramento Convention of 1878–79 . Many of the individual rights clauses in the state constitution have been construed as protecting rights even broader than the United States Bill of Rights in the Federal Constitution . An example

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3168-762: The State Bar Court of California . The California courts of appeal are the intermediate appellate courts . The state is geographically divided into six appellate districts, Notably, all published California appellate decisions are binding on all superior courts, regardless of appellate district. The First Appellate District sits in San Francisco, the Second District in Los Angeles, the Third District in Sacramento,

3267-951: The State Compensation Insurance Fund , the California Department of Alcoholic Beverage Control , and the State Bar of California ; the purpose of such amendments was to insulate the agencies from being attacked as an unconstitutionally broad exercise of police power or inherent judicial power. Unlike other state constitutions, the California Constitution strongly protects the corporate existence of cities and counties and grants them broad plenary home rule powers. The constitution gives charter cities, in particular, supreme authority over municipal affairs, even allowing such cities' local laws to trump state law. By specifically enabling cities to pay counties to perform governmental functions for them, Section 8 of Article XI resulted in

3366-695: The Supreme Court of the United Kingdom , which took over the judicial functions of the House of Lords in 2009. In civil law and pluralist systems, precedent is not binding but case law is taken into account by the courts. Binding precedent relies on the legal principle of stare decisis . Stare decisis means to stand by things decided. It ensures certainty and consistency in the application of law. Existing binding precedent from past cases are applied in principle to new situations by analogy . One law professor has described mandatory precedent as follows: Given

3465-493: The amount in controversy is below $ 25,000). The Judicial Council of California is the rule-making arm of the judiciary of California. Pursuant to this role, they have adopted the California Rules of Court as their regulations. The Judicial Council's staff is responsible for implementing council policies. In addition, every court may make local rules for its own government and the government of its officers. Court business

3564-532: The common-law tradition, courts decide the law applicable to a case by interpreting statutes and applying precedent, which record how and why prior cases have been decided. Unlike most civil-law systems, common-law systems follow the doctrine of stare decisis , by which most courts are bound by their own previous decisions in similar cases, and all lower courts should make decisions consistent with previous decisions of higher courts. For example, in England and Wales,

3663-502: The court of last resort will resolve such differences, and for many reasons, such appeals are often not granted. Any court may seek to distinguish its present case from that of a binding precedent, to reach a different conclusion. The validity of such a distinction may or may not be accepted on appeal. An appellate court may also propound an entirely new and different analysis from that of junior courts, and may or may not be bound by its own previous decisions, or in any case may distinguish

3762-412: The death penalty has been issued by the trial court. The Court deals with about 8,800 cases per year, although review is discretionary in most cases, and it dismisses the vast majority of petitions without comment. It hears arguments and drafts full opinions for about 100 to 120 cases each year, of which about 20 are automatic death penalty appeals. The Court also supervises California lawyers through

3861-449: The federal judicial system has only about 870 judges . Although New York and Texas each technically have more judicial officers than California, most of them are not attorneys and have no formal legal training. The judiciary has a hierarchical structure with the Supreme Court at the apex, courts of appeal as the primary appellate courts , and the superior courts as the primary trial courts . The Supreme Court of California

3960-655: The governor of California . A person is eligible to be a judge only if the person has been a member of the California State Bar or served as a judge of a court of record in this State for 10 years immediately preceding selection. Supreme Court and Appeals Court judges appointed by the governor to fill a vacancy must be confirmed by the California Commission on Judicial Appointments, although counties may choose to use this system for superior court judges. The California Commission on Judicial Appointments consists of

4059-506: The legal certainty resulting from the binding effect of previous decisions, and on the other side the avoidance of undue restriction on the proper development of the law." Judges are bound by the law of binding precedent in England and Wales and other common law jurisdictions. This is a distinctive feature of the English legal system. In other countries, particularly in mainland Europe, civil law means that judges take case law into account in

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4158-817: The superior courts with the general jurisdiction to hear and decide any civil or criminal action which is not specially designated to be heard in some other court or before a governmental agency, such as workers' compensation . As mandated by the California Constitution , each of the 58 counties in California has a superior court with one or more judges. The superior courts have appellate divisions (superior court judges sitting as appellate judges) which hear appeals from decisions of other superior court judges (or commissioners, or judges pro tem) who heard and decided relatively minor cases that previously would have been heard in inferior courts, such as infractions , misdemeanors , and "limited civil" actions (actions where

4257-626: The Chief Justice, Attorney General, and Senior Presiding Justice of the Court of Appeal of the affected district or of the entire state. Superior court judges are either appointed by the governor to fill a vacancy after being reviewed by the JNE or elected by the county residents in nonpartisan elections. Judges of superior courts are elected within their counties for six years, judges of courts of appeal are elected within their districts for twelve years, and judges of

4356-567: The Commission on Judicial Appointments which may confirm the nominee at which point they are officially appointed to the bench for a 12 year term. Justices are elected for 12 year terms at the same time as the Governor. When a judge's term is expiring another judge from a different court can file a declaration of candidacy to succeed to the office presently held by the judge. Most of California's roughly 1,600 superior court judges are first appointed by

4455-523: The District of Columbia alone, and up to seven states. Each panel of judges on the court of appeals for a circuit is bound to obey the prior appellate decisions of the same circuit. Precedent of a United States court of appeals may be overruled only by the court en banc , that is, a session of all the active appellate judges of the circuit, or by the United States Supreme Court —not simply by

4554-1016: The Fourth District in San Diego , the Fifth District in Fresno , and the Sixth District in San Jose . The districts are further divided into 19 divisions sitting throughout the state at 9 locations, and there are 105 justices serving on the Courts. Unlike the state supreme court, the courts of appeal have mandatory review jurisdiction under the informal legal tradition in common law countries that all litigants are entitled to at least one appeal. In practice, this works out to about 16,000 appeals per year, resulting in 12,000 opinions (not all appeals are pursued properly or are meritorious enough to justify an opinion). Under

4653-611: The Second Circuit (New York and surrounding states) is especially respected in commercial and securities law, the Seventh Circuit (in Chicago), especially Judge Posner, is highly regarded on antitrust, and the District of Columbia Circuit is highly regarded on administrative law. The doctrine of vertical precedent states that each court is bound by the decisions of higher courts in its jurisdictional area or tribunal hierarchy. Generally,

4752-614: The Senate Judiciary Committee. Prior to the commencement of the Roberts hearings, the committee chair, Senator Arlen Specter of Pennsylvania, wrote an op-ed in The New York Times referring to Roe as a "super-precedent". He revisited this concept during the hearings, but neither Roberts nor Alito endorsed the term or the concept. Persuasive precedent (also persuasive authority ) is precedent or other legal writing that

4851-521: The State Bar of California investigates the governor's candidates for judicial appointment. The California Commission on Judicial Performance is responsible for investigating complaints of judicial misconduct, judicial incapacity, and disciplining state judges, and is composed of 11 members, each appointed four-year terms: 3 judges appointed by the California Supreme Court, 4 members appointed by

4950-400: The Supreme Court are elected at large for twelve years. Judges are always subject to reelection and retention elections. Perhaps the most well known instance of a judge not being retained was Supreme Court Chief Justice Rose Bird and Associate Justices Cruz Reynoso and Joseph Grodin in the 1986 California general election. The California Commission on Judicial Nominees Evaluation (JNE) of

5049-481: The Supreme Court says that the First Amendment applies in a specific way to suits for slander, then every court is bound by that precedent in its interpretation of the First Amendment as it applies to suits for slander. If a lower court judge disagrees with a higher court precedent on what the First Amendment should mean, the lower court judge must rule according to the binding precedent. Until the higher court changes

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5148-401: The U.S. legal system, courts are set up in a hierarchy. At the top of the federal or national system is the Supreme Court, and underneath are lower federal courts. The state court systems have hierarchical structures similar to that of the federal system. The U.S. Supreme Court has final authority on questions about the meaning of federal law, including the U.S. Constitution. For example, when

5247-472: The United States), statements made in dicta , treatises or academic law reviews , and in some exceptional circumstances, cases of other nations, treaties, world judicial bodies, etc. In a " case of first impression ", courts often rely on persuasive precedent from courts in other jurisdictions that have previously dealt with similar issues. Persuasive precedent may become binding through its adoption by

5346-608: The Virgin Islands) is bound by rulings of the Third Circuit Court, but not by rulings in the Ninth Circuit (Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Northern Mariana Islands, Oregon, and Washington), since the Circuit Courts of Appeals have jurisdiction defined by geography. The Circuit Courts of Appeals can interpret the law how they want, so long as there is no binding Supreme Court precedent. One of

5445-559: The admission of lawyers to the practice of law , investigating complaints of professional misconduct, and prescribing appropriate discipline. It is directly responsible to the Supreme Court of California . All attorney admissions and disbarments are issued as recommendations of the State Bar, which are then routinely ratified by the Supreme Court. California's bar is the largest in the U.S. with 200,000 members, of whom 150,000 are actively practicing. The county public defender acts as defense counsel for indigent defendants. Each county has

5544-437: The appellate court will have the opportunity to review both the precedent and the case under appeal, perhaps overruling the previous case law by setting a new precedent of higher authority. This may happen several times as the case works its way through successive appeals. Lord Denning , first of the High Court of Justice , later of the Court of Appeal , provided a famous example of this evolutionary process in his development of

5643-476: The ballot by either a two-thirds vote in the California State Legislature or by signatures equal to 8% of the votes cast in the last gubernatorial election through the exercise of the initiative power by the voters. The signature requirement for constitutional amendments is among the lowest thresholds for similar measures of any U.S. state . As of 2023 , this was 874,641 signatures compared to

5742-441: The case is not vacated on appeal the decision will stand. If the court believes that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the law evolve, the court may either hold that the precedent is inconsistent with subsequent authority, or that the precedent should be "distinguished" by some material difference between the facts of the cases. If that decision goes to appeal,

5841-562: The common law, judicial opinions themselves have legal effect through the rule of stare decisis . But because of their crushing caseloads (about 200 matters per justice per year), the courts of appeal are permitted to take the shortcut of selecting only the best opinions for publication. This way, they can draft opinions fast and quickly dispose of the vast majority of cases, without worrying that they are accidentally making bad law. About 7% of their opinions are ultimately selected for publication and become part of California law. In California,

5940-404: The common reasons the Supreme Court grants certiorari (that is, they agree to hear a case) is if there is a conflict among the circuit courts as to the meaning of a federal law. There are three elements needed for a precedent to work. Firstly, the hierarchy of the courts needs to be accepted, and an efficient system of law reporting. "A balance must be struck between the need on one side for

6039-519: The concept of estoppel starting in the High Trees case: Central London Property Trust Ltd v. High Trees House Ltd [1947] K.B. 130. Judges may refer to various types of persuasive authority to reach a decision in a case. Widely cited nonbinding sources include legal encyclopedias such as Corpus Juris Secundum and Halsbury's Laws of England , or the published work of the Law Commission or

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6138-420: The constitution. The California Constitution is one of the longest in the world. The length has been attributed to a variety of factors, such as the influence of previous Mexican civil law , a lack of faith in elected officials and the fact that many initiatives take the form of a constitutional amendment. Several amendments involved the authorization of the creation of state government agencies, including

6237-413: The constitution: the public state-run University of California and the private Stanford University . UC is one of only nine state-run public universities in the United States whose independence from political interference is expressly guaranteed by the state constitution. Since 1900, Stanford has enjoyed the benefit of a constitutional clause shielding Stanford-owned property from taxes as long as it

6336-561: The creation of the courts of appeal in 1904). California uses a modified Missouri Plan (merit plan) method of appointing judges, in which the Governor's office conducts an investigation of applicants in order to submit a list of potential applicants to the Judicial Nominees Evaluation Commission for a formal vetting process that is not made public. A detailed report is submitted to the governor. The governor makes his nominations and sends his nominees to be reviewed by

6435-562: The decisions based on significant differences in the facts applicable to each case. Or, a court may view the matter before it as one of " first impression ", not governed by any controlling precedent. When various members of a multi-judge court write separate opinions, the reasoning may differ; only the ratio decidendi of the majority becomes binding precedent. For example, if a 12-member court splits 5–2–3–2 in four different opinions on several different issues, whatever reasoning commands seven votes on each specific issue becomes precedent, and

6534-518: The doctrine of stare decisis makes no sense. The decisions of this court are binding upon and must be followed by all the state courts of California. Decisions of every division of the District Courts of Appeal are binding upon all the justice and municipal courts and upon all the superior courts of this state , and this is so whether or not the superior court is acting as a trial or appellate court. Courts exercising inferior jurisdiction must accept

6633-487: The electorate approved the creation of a California Constitution Revision Commission, which worked on a comprehensive revision of the constitution from 1964 to 1976. The electorate ratified the commission's revisions in 1966, 1970, 1972, and 1974, but rejected the 1968 revision, whose primary substantive effect would have been to make the state's superintendent of schools into an appointed rather than an elected official. The Commission ultimately removed about 40,000 words from

6732-433: The force of law that statutes and judicial opinions have. But, they still have the potential to act as a sort of pseudo‑law if they constrain the activities of public officials or the public. Oftentimes, this effect depends on the "formality" of the opinion. Opinions can be either formal, meaning they are published, or informal, meaning that they are sent directly to the opinion requestor. Although formal opinions can act as

6831-429: The general public, in the form of law reports . A precedent is a historical setting example for the future (though at varying levels of authority as discussed throughout this article), some become "leading cases" or "landmark decisions" that are cited especially often. Generally speaking, a legal precedent may be: In contrast, civil law systems adhere to a legal positivism , where past decisions do not usually have

6930-568: The governor (2 attorneys and 2 non-attorney public members), 2 public members appointed by the Assembly Speaker, and 2 public members appointed by the Senate Rules Committee. There are a total of about 1,500 superior court judges, assisted by 380 commissioners and 35 referees. The Constitution guarantees the right to a jury trial as an inviolate right. Jury service is an obligation of citizenship. Jurors are selected at random from

7029-435: The height of the U.S. Progressive Era, to 1986, the California Constitution was amended or revised over 500 times. The constitution gradually became increasingly bloated, leading to abortive efforts towards a third constitutional convention in 1897, 1914, 1919, 1930, 1934 and 1947. By 1962, the constitution had grown to 75,000 words, which at that time was longer than any other state constitution but Louisiana's. That year,

7128-441: The hierarchy. A district court, for example, could not rely on a Supreme Court dissent as a basis to depart from the reasoning of the majority opinion. However, lower courts occasionally cite dissents, either for a limiting principle on the majority, or for propositions that are not stated in the majority opinion and not inconsistent with that majority, or to explain a disagreement with the majority and to urge reform (while following

7227-570: The influential effect of a cited decision. The term "super-precedent" later became associated with different issue: the difficulty of overturning a decision. In 1992, Rutgers professor Earl Maltz criticized the Supreme Court's decision in Planned Parenthood v. Casey for endorsing the idea that if one side can take control of the Court on an issue of major national importance (as in Roe v. Wade ), that side can protect its position from being reversed "by

7326-454: The judges in each county to determine if the county should have only one trial court. By 2001, all 58 counties had consolidated their courts into a single superior court. The California courts of appeal were added to the judicial branch by a constitutional amendment in 1904. Constitution of California [REDACTED] [REDACTED] [REDACTED] The Constitution of California ( Spanish : Constitución de California )

7425-467: The judges of the Court and given the power to hear and make decisions in certain kinds of legal matters, similar to the United States magistrate judge . The (county) district attorney prosecutes crimes before the courts on behalf of California. Violation of city ordinances may be prosecuted by city authorities. Violation of county ordinances may be prosecuted by county authorities, which may or may not be

7524-440: The jury systems, and are appointed by, and serve at the pleasure of, a majority of the judges of the superior court in each county. The superior court administrator or executive officer serves as ex officio jury commissioner. The California Constitution provides that the state's judicial power is vested in the courts, but it also permits some delegation of judicial authority. This authority to delegate subordinate judicial duties

7623-473: The law declared by courts of superior jurisdiction. It is not their function to attempt to overrule decisions of a higher court. The doctrine stating that a judge is bound by (or at least should respect) previous decisions by the same court is called horizontal stare decisis . For example, in the United States federal court system , the intermediate appellate courts are divided into thirteen "circuits", each covering some range of territory ranging in size from

7722-453: The legal system. For example, an appellate court for one district could consider a ruling issued by an appeals court in another district. Courts may consider obiter dicta in the opinions of higher courts. The Dicta of a higher court, though not binding, will often be persuasive to lower courts. The phrase obiter dicta is usually translated as "other things said", but due to the high number of judges and individual concurring opinions, it

7821-436: The majority in the outcome). Courts may consider the writings of eminent legal scholars in treatises, restatements of the law, and law reviews. The extent to which judges find these types of writings persuasive will vary widely with elements such as the reputation of the author and the relevance of the argument. In the United States, every state attorney general is permitted to issue advisory opinions on questions of law. It

7920-416: The majority opinion is considered precedential, an outvoted judge can still publish a dissenting opinion. Common patterns for dissenting opinions include: A judge in a subsequent case, particularly in a different jurisdiction, could find the dissenting judge's reasoning persuasive. In the jurisdiction of the original decision, however, a judge should only overturn the holding of a court lower or equivalent in

8019-418: The offices of probation officer, assistant probation officer, and deputy probation officer. Probation officers in each county appointed by the judge of the juvenile court upon nomination by the juvenile justice commission or regional juvenile justice commission of such county. Probation officers may be removed by the judge of the juvenile court for good cause shown or in his discretion with the written approval of

8118-402: The parties before them pertaining to the same pattern of facts or events, unless they have a strong reason to change these rulings. In law , a binding precedent (also known as a mandatory precedent or binding authority) is a precedent which must be followed by all lower courts under common law legal systems . In English law it is usually created by the decision of a higher court, such as

8217-469: The peace " courts staffed by lay judges, but gradually phased them out after a landmark 1974 decision in which the Supreme Court of California unanimously held that it was a violation of due process to allow a non-lawyer to preside over a criminal trial which could result in incarceration of the defendant. Before 1998, each county also had municipal or justice courts that heard some of the cases. In June, 1998, California passed Proposition 220, which allowed

8316-505: The phrasing of the principle in the Latin maxim Stare decisis et non quieta movere : "to stand by decisions and not disturb the undisturbed". In a legal context, this means that courts should abide by precedent and not disturb settled matters. The principle can be divided into two components: The second principle, regarding persuasive precedent , reflects the broad precedent guidance a court may draw upon in reaching all of its decisions. In

8415-444: The population of the area served by a court, from a source or sources inclusive of a representative cross section of the population. Sources may include the list of registered voters, California Department of Motor Vehicles ' list of licensed drivers and identification cardholders resident within the area served by the court, customer mailing lists, telephone directories, utility company lists, and other lists. Jury commissioners manage

8514-434: The power of the intermediate courts of appeal over the superior courts is quite different from the power of the courts of appeals of the federal government over the federal district courts. The first Court of Appeal to rule on a new legal issue will bind all lower superior courts statewide. However, litigants in other appellate districts may still appeal a superior court's adverse ruling to their own Court of Appeal, which has

8613-460: The power to fashion a different rule. When such a conflict arises, all superior courts have the discretion to choose which rule they like until the California Supreme Court grants review and creates a single rule that binds all courts statewide. However, where a superior court lies within one of the appellate districts actually involved in such a conflict, it will usually follow the rule of its own Court of Appeal. The California Superior Courts are

8712-407: The precedential, binding effect that they have in common law decision-making; the judicial review practiced by constitutional courts can be regarded as a notable exception. Stare decisis ( / ˈ s t ɛər r i d ɪ ˈ s aɪ s ɪ s , ˈ s t ɑː r eɪ / ) is a legal principle by which judges are obligated to respect the precedent established by prior decisions. The words originate from

8811-612: The primary appellate courts , and the California Superior Courts as the primary trial courts . The policymaking body of the California courts is the Judicial Council and its staff. The judicial system of California is the largest in the United States that is fully staffed by professional law-trained judges. In fiscal year 2020-21, the state judiciary's 2,000 judicial officers and 18,000 judicial branch employees processed approximately 4.4 million cases. In comparison,

8910-471: The responsibility of the district attorney. The California Attorney General is the chief law officer of the State, has direct supervision over every district attorney and sheriff, may prosecute any violations of law with all the powers of a district attorney, and may assist any district attorney in their duties. The State Bar of California is California's official bar association . It is responsible for managing

9009-426: The rise of the contract city . Article 4, Section 8(d) defines an "urgency statute" as one "necessary for immediate preservation of the public peace, health, or safety"; any proposed bill including such a provision includes a "statement of facts constituting the necessity" and a two-thirds majority of each house is required to also separately pass the bill's urgency section. Many of the individual rights clauses in

9108-429: The ruling (or the law itself is changed), the binding precedent is authoritative on the meaning of the law. Lower courts are bound by the precedent set by higher courts within their region. Thus, a federal district court that falls within the geographic boundaries of the Third Circuit Court of Appeals (the mid-level appeals court that hears appeals from district court decisions from Delaware, New Jersey, Pennsylvania, and

9207-408: The seven-judge majorities may differ issue-to-issue. All may be cited as persuasive (though of course opinions that concur in the majority result are more persuasive than dissents). Quite apart from the rules of precedent, the weight actually given to any reported opinion may depend on the reputation of both the court and the judges with respect to the specific issue. For example, in the United States,

9306-400: The significant facts of the precedent case are also presented in the pending case, and (4) no additional facts appear in the pending case that might be treated as significant. In extraordinary circumstances a higher court may overturn or overrule mandatory precedent, but will often attempt to distinguish the precedent before overturning it, thereby limiting the scope of the precedent. Under

9405-637: The state constitution have been construed as protecting rights broader than the Bill of Rights in the federal constitution . Two examples include (1) the Pruneyard Shopping Center v. Robins case involving an implied right to free speech in private shopping centers , and (2) the first decision in America in 1972 found that the death penalty is unconstitutional. California v. Anderson , 6 Cal. 3d 628. This noted that under California's state constitution

9504-583: The superior courts occasionally certify opinions for publication, which appear in the California Appellate Reports Supplement . There is also a separate reporter called the California Unreported Cases published independently starting in 1913 containing minor opinions that should have been published but simply were not, when the state supreme court was extremely overloaded with cases during its first half-century (resulting in

9603-476: The territory of a regional appeals court. All appellate courts fall under a highest court (sometimes but not always called a "supreme court"). By definition, decisions of lower courts are not binding on courts higher in the system, nor are appeals court decisions binding on local courts that fall under a different appeals court. Further, courts must follow their own proclamations of law made earlier on other cases, and honor rulings made by other courts in disputes among

9702-459: The world by total number of words. This has led politicians and political scientists to argue the procedures for amending the California constitution are too lax, creating a state constitution that is filled with irrelevant detail and incoherent policies created by conflicting majorities attempting to impose their will on each other by the ballot process. The Constitution of California has undergone numerous changes since its original drafting. It

9801-468: Was rewritten from scratch several times before the drafting of the current 1879 constitution, which has itself been amended or revised (see below ). In response to widespread public disgust with the powerful railroads that controlled California's politics and economy at the start of the 20th century, Progressive Era politicians pioneered the concept of aggressively amending the state constitution by initiative in order to remedy perceived evils. From 1911,

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