169-568: The law of California consists of several levels, including constitutional , statutory , and regulatory law , as well as case law . The California Codes form the general statutory law, and most state agency regulations are available in the California Code of Regulations . The Constitution of California is the foremost source of state law. Legislation is enacted within the California Statutes , which in turn have been codified into
338-1054: A city , town , or village . A few counties directly provide public transportation themselves, usually in the form of a simple bus system. However, in most counties, public transportation is provided by one of the following: a special district that is coterminous with the county (but exists separately from the county government), a multi-county regional transit authority, or a state agency. In western and southern states, more populated counties provide many facilities, such as airports, convention centers , museums, recreation centers , beaches, harbors, zoos, clinics, law libraries , and public housing . They provide services such as child and family services, elder services, mental health services, welfare services, veterans assistance services, animal control , probation supervision, historic preservation, food safety regulation, and environmental health services. They have many additional officials like public defenders , arts commissioners, human rights commissioners, and planning commissioners. There may be
507-446: A consolidated city-county or independent city exists, a city council usually governs city/county or city affairs. In some counties, day-to-day operations are overseen by an elected county executive or by a chief administrative officer or county administrator who reports to the board, the mayor, or both. In many states, the board in charge of a county holds powers that transcend all three traditional branches of government. It has
676-401: A constitution , written or tacit, and the rights encoded therein. The law shapes politics , economics , history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between jurisdictions , with their differences analysed in comparative law . In civil law jurisdictions, a legislature or other central body codifies and consolidates
845-625: A federal system (as in Australia, Germany or the United States) or different voting configuration in a unitary system (as in France). In the UK the upper house is appointed by the government as a house of review . One criticism of bicameral systems with two elected chambers is that the upper and lower houses may simply mirror one another. The traditional justification of bicameralism is that an upper chamber acts as
1014-417: A parliamentary system , as with Britain, Italy, Germany, India, and Japan, the executive is known as the cabinet, and composed of members of the legislature. The executive is led by the head of government , whose office holds power under the confidence of the legislature. Because popular elections appoint political parties to govern, the leader of a party can change in between elections. The head of state
1183-652: A ruler ') is a set of ordinances and regulations made by ecclesiastical authority , for the government of a Christian organisation or church and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern Orthodox Church , the Oriental Orthodox Churches , and the individual national churches within the Anglican Communion . The way that such church law
1352-440: A "common law" developed during the reign of Henry II during the late 12th century, when Henry appointed judges who had the authority to create an institutionalised and unified system of law common to the country. The next major step in the evolution of the common law came when King John was forced by his barons to sign a document limiting his authority to pass laws. This "great charter" or Magna Carta of 1215 also required that
1521-612: A complete codification, and statutes on subject matter inappropriate for the four codes were simply not codified. In 1929, the Legislature finally established the California Code Commission as a permanent government agency (it had previously existed only intermittently on an ad hoc temporary basis), and it spent the next thirty years slowly codifying the rest of the California Statutes. Upon completing this task in 1953,
1690-424: A county fire department and a county police department – as distinguished from fire and police departments operated by individual cities, special districts, or the state government. For example, Gwinnett County, Georgia , and its county seat, the city of Lawrenceville , each have their own police departments. (A separate county sheriff's department is responsible for security of the county courts and administration of
1859-478: A criminal or civil action generally cannot be cited in any other action in any California court. Because the state supreme court was extremely overloaded with cases during its first half-century (resulting in the creation of the Courts of Appeal in 1904), a few hundred minor opinions that should have been published simply were not. In response, a small group of lawyers later undertook the tedious task of plowing through
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#17328804725732028-460: A few counties bear names of Native American , French, or Spanish origin. Counties are most often named for people, often political figures or early settlers, with over 2,100 of the 3,144 total so named. The most common county name, with 31, is Washington County , for America's first president, George Washington . Up until 1871, there was a Washington County within the District of Columbia , but it
2197-442: A house of review. This can minimise arbitrariness and injustice in governmental action. To pass legislation, a majority of the members of a legislature must vote for a bill (proposed law) in each house. Normally there will be several readings and amendments proposed by the different political factions. If a country has an entrenched constitution, a special majority for changes to the constitution may be required, making changes to
2366-400: A land area of 20,057 square miles (51,947 km ). The least extensive county is Kalawao County, Hawaii , with a land area of 11.991 square miles (31.058 km ). The least extensive county equivalent in the 50 states is the independent city of Falls Church, Virginia , with a land area of 1.999 square miles (5.177 km ). If U.S. territories are included,
2535-453: A large number of counties, and many Western states were sparsely populated when counties were created by their respective state legislatures. The five counties of Rhode Island and eight of the 14 counties of Massachusetts no longer have functional county governments, but continue to exist as legal and census entities. Connecticut abolished county governments in 1960, leaving its eight counties as mere legal and census entities. In 2022,
2704-882: A matter of U.S. state law , so the specific governmental powers of counties may vary widely between the states, with many providing some level of services to civil townships , municipalities , and unincorporated areas . Certain municipalities are in multiple counties ; New York City is uniquely partitioned into five counties, referred to at the city government level as boroughs . Some municipalities have been consolidated with their county government to form consolidated city-counties , or have been legally separated from counties altogether to form independent cities . Conversely, counties in Connecticut and Rhode Island , eight of Massachusetts's 14 counties , and Alaska's Unorganized Borough have no government power, existing only as geographic distinctions. The United States Census Bureau uses
2873-440: A matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature , resulting in statutes ; by the executive through decrees and regulations ; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by
3042-505: A new section between two existing sections on similar subject matter. For example, the summary judgment statute in California is Section 437c of the Code of Civil Procedure. But alphabetical letters are traditionally used in the U.S. to designate subsections of statutes. To avoid confusion as to whether one is citing section 437c (that is, the section with number 437c) or 437(c) (subsection (c) of
3211-513: A party submits a request to that effect. Legal treatises are one of the most important sources of secondary authority about California law. These texts are expressly recognized as a source of 'unwritten law' by California's Code of Civil Procedure. The two most influential treatises are published by The Witkin Legal Institute Summary of California Law and The Rutter Group . Both are divided into discrete volumes about specific areas of
3380-415: A population over 100,000; 137 counties have a population over 500,000; 45 counties have a population over 1,000,000; and 14 counties have a population over 2,000,000. At the other extreme, 35 counties have a population under 1,000; 307 counties have a population under 5,000; 709 counties have a population under 10,000; and 1,492 counties have a population between 10,000 and 50,000. At the 2000 U.S. Census ,
3549-527: A powerful tradition of popular sovereignty , which is reflected in the frequent use of initiatives to amend the state constitution, as well as the former state constitutional requirement (repealed in 1966 and enacted as Government Code Section 100) that all government process shall be styled in the name of "the People of the State of California". (Government Code Section 100 also expressly states that sovereignty resides in
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#17328804725733718-591: A process of reform, at least in terms of economic, if not social and political, rights. A new contract code in 1999 represented a move away from administrative domination. Furthermore, after negotiations lasting fifteen years, in 2001 China joined the World Trade Organization . In general, legal systems can be split between civil law and common law systems. Modern scholars argue that the significance of this distinction has progressively declined. The numerous legal transplants , typical of modern law, result in
3887-405: A variety of alternative solutions. Even when a prior legal decision does not create a binding precedent, the text of the court's opinion may still help lawyers and judges understand California law. Some types of prior decisions may be cited as non-binding authority in California courts, while others can only be consulted informally. The most powerful form of non-binding authority in California are
4056-428: Is Lake . Words from Native American languages, as well as the names of Native American leaders and tribes, lend their names to many counties. Quite a few counties bear names of French or Spanish origin, such as Marquette County being named after French missionary Father Jacques Marquette . The county's equivalent in the state of Louisiana, the parish (Fr. paroisse civile and Sp. parroquia ) took its name during
4225-462: Is legislated , interpreted and at times adjudicated varies widely among these three bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council ; these canons formed the foundation of canon law. The Catholic Church has the oldest continuously functioning legal system in the western world , predating the evolution of modern European civil law and common law systems. The 1983 Code of Canon Law governs
4394-564: Is 343 sq mi (890 km ), whereas in Utah it is 2,427 sq mi (6,290 km ). The most extensive county or county equivalent is the Yukon–Koyukuk Census Area, Alaska , with a land area of 145,505 square miles (376,856 km ). All nine of the most extensive county equivalents are in Alaska. The most extensive county is San Bernardino County, California , with
4563-495: Is a code of Jewish law that summarizes some of the Talmud's interpretations. A number of countries are sharia jurisdictions. Israeli law allows litigants to use religious laws only if they choose. Canon law is only in use by members of the Catholic Church , the Eastern Orthodox Church and the Anglican Communion . Canon law ( Ancient Greek : κανών , romanized : kanon , lit. 'a straight measuring rod;
4732-458: Is a system of rules, divided into primary (rules of conduct) and secondary ones (rules addressed to officials to administer primary rules). Secondary rules are further divided into rules of adjudication (to resolve legal disputes), rules of change (allowing laws to be varied) and the rule of recognition (allowing laws to be identified as valid). Two of Hart's students continued the debate: In his book Law's Empire , Ronald Dworkin attacked Hart and
4901-472: Is an "authority" to mediate people's interests. Oliver Wendell Holmes defined law as "the prophecies of what the courts will do in fact, and nothing more pretentious." In his Treatise on Law , Thomas Aquinas argues that law is a rational ordering of things, which concern the common good, that is promulgated by whoever is charged with the care of the community. This definition has both positivist and naturalist elements. Definitions of law often raise
5070-706: Is apart from the executive, and symbolically enacts laws and acts as representative of the nation. Examples include the President of Germany (appointed by members of federal and state legislatures ), the Queen of the United Kingdom (an hereditary office ), and the President of Austria (elected by popular vote). The other important model is the presidential system , found in the United States and in Brazil . In presidential systems,
5239-513: Is authority, identifiable purely through social sources and without reference to moral reasoning. In his view, any categorisation of rules beyond their role as authoritative instruments in mediation is best left to sociology , rather than jurisprudence. The history of law links closely to the development of civilization . Ancient Egyptian law, dating as far back as 3000 BC, was based on the concept of Ma'at and characterised by tradition, rhetorical speech, social equality and impartiality. By
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5408-493: Is compiled and edited by the California Reporter of Decisions . The Reporter maintains a contract with a private publisher (as allowed by Government Code Section 68903) who in turn is responsible for actually publishing and selling the official reporters. The current official publisher is LexisNexis . In addition to the official reporters, published California cases are also printed in two Thomson West unofficial reporters:
5577-500: Is either done at the state level or at the municipal level. In Connecticut and parts of Massachusetts, regional councils have been established to partially fill the void left behind by the abolished county governments. The regional councils' authority is limited compared with a county government—they have authority only over infrastructure and land use planning, distribution of state and federal funds for infrastructure projects, emergency preparedness, and limited law enforcement duties. In
5746-399: Is greater than the populations of 41 U.S. states, and is only slightly smaller than the combined population of the 10 least populous states and Washington, D.C. It also makes the population of Los Angeles County 17.4 times greater than that of the least populous state, Wyoming. The second most populous county is Cook County, Illinois , with a population of 5,275,541. Cook County's population
5915-455: Is larger than that of 28 individual U.S. states and the combined populations of the six smallest states. The least populous county is Loving County, Texas , with 64 residents in 2020. Eight county equivalents in the U.S. territories have no human population: Rose Atoll , Northern Islands Municipality , Baker Island , Howland Island , Jarvis Island , Johnston Atoll , Kingman Reef , and Navassa Island . The remaining three islands in
6084-467: Is law?" There have been several attempts to produce "a universally acceptable definition of law". In 1972, Baron Hampstead suggested that no such definition could be produced. McCoubrey and White said that the question "what is law?" has no simple answer. Glanville Williams said that the meaning of the word "law" depends on the context in which that word is used. He said that, for example, " early customary law " and " municipal law " were contexts where
6253-769: Is no formal level of government (municipality, public education, or otherwise) existing below that of the county in the state. In most Midwestern and Northeastern states, counties are further subdivided into townships or towns , which sometimes exercise local powers or administration. Throughout the United States, counties may contain other independent, self-governing municipalities . In New England, counties function at most as judicial court districts and sheriff's departments (presently, in Connecticut only as judicial court districts—and in Rhode Island , they have lost both those functions and most others but they are still used by
6422-591: Is not codified it does not exist), in contrast to the Federal Rules of Evidence , which has allowed a residual exception for continuous development of privileges under the common law. The huge concentration of celebrities in Hollywood has resulted in a large number of statutes custom-tailored to the needs of celebrities, such as the California Celebrities Rights Act , as well as the 1990 enactment of
6591-410: Is rarely a county responsibility, execution of capital punishment is never a county responsibility, and the state's responses to prisoners' appeals are the responsibility of the state attorney general , who has to defend before the state appellate courts the prosecutions conducted by locally elected district attorneys in the name of the state. Furthermore, county-level trial court judges are officers of
6760-511: Is renowned for its innovations in tort law, including strict liability for defective products , insurance bad faith , market-share liability , negligent infliction of emotional distress , and wrongful life . The California three strikes law (codified in the Penal Code) has resulted in severe penalties in some cases and has been somewhat controversial in its application. Proposition 13 , passed by California voters in 1978, created one of
6929-557: Is simultaneously a city, which is a municipality (municipal corporation), and a county, which is an administrative division of a state, having the powers and responsibilities of both types of entities. The city limit or jurisdiction is synonymous with the county line, as the two administrative entities become a non-dichotomous single entity. For this reason, a consolidated city-county is officially remarked as name of city – name of county (i.e., Augusta–Richmond County in Georgia). The same
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7098-537: Is stronger in civil law countries, particularly those with a separate system of administrative courts ; by contrast, the public-private law divide is less pronounced in common law jurisdictions. Law provides a source of scholarly inquiry into legal history , philosophy , economic analysis and sociology . Law also raises important and complex issues concerning equality, fairness, and justice . The word law , attested in Old English as lagu , comes from
7267-431: Is that California is the only state that always precedes a citation to statute subsections with the word "subdivision" (abbreviated in some contexts to "subd."). The reason is that the Legislature often failed to leave gaps in the section numbering in the California codes for future expansion, and then occasionally resorted to the shortsighted technique of appending an alphabetical letter to a section number in order to insert
7436-441: Is that law is a system of rules and guidelines which are enforced through social institutions to govern behaviour. In The Concept of Law , H. L. A. Hart argued that law is a "system of rules"; John Austin said law was "the command of a sovereign, backed by the threat of a sanction"; Ronald Dworkin describes law as an "interpretive concept" to achieve justice in his text titled Law's Empire ; and Joseph Raz argues law
7605-994: Is the Supreme Court ; in Australia, the High Court ; in India, the Supreme Court of India ; in the UK, the Supreme Court ; in Germany, the Bundesverfassungsgericht ; and in France, the Cour de Cassation . For most European countries the European Court of Justice in Luxembourg can overrule national law, when EU law is relevant. The European Court of Human Rights in Strasbourg allows citizens of
7774-486: Is the legal systems in communist states such as the former Soviet Union and the People's Republic of China . Academic opinion is divided on whether it is a separate system from civil law, given major deviations based on Marxist–Leninist ideology, such as subordinating the judiciary to the executive ruling party. There are distinguished methods of legal reasoning (applying the law) and methods of interpreting (construing)
7943-780: Is the supreme law of the land. Pursuant to the state constitution, the California State Legislature and the Governor have enacted the California Statutes , which in turn have been codified into the 29 California Codes . The first four codes, enacted in 1872, were the Civil Code, the Code of Civil Procedure, the Penal Code, and the Political Code (which much later would become the Elections Code). However, these did not constitute
8112-515: Is to make laws, since they are acts of the general will ; nor whether the prince is above the law, since he is a member of the State; nor whether the law can be unjust, since no one is unjust to himself; nor how we can be both free and subject to the laws, since they are but registers of our wills. Jean-Jacques Rousseau, The Social Contract , II, 6. The philosophy of law is commonly known as jurisprudence. Normative jurisprudence asks "what should law be?", while analytic jurisprudence asks "what
8281-501: Is true of the boroughs of New York City , each of which is coextensive with a county of New York State. For those entities in which the city uses the same name as the county, city and county of name may be used (i.e., City and County of Denver in Colorado). Similarly, some of Alaska 's boroughs have merged with their principal cities, creating unified city-boroughs. Some such consolidations and mergers have created cities that rank among
8450-563: Is unusual in that like Texas and New York, and unlike 46 other states, it has separate subject-specific codes rather than a single code divided into numbered titles. (Louisiana is a hybrid that uses both.) During the state's first century, the California Legislature was rather sloppy in drafting statutes. This has resulted in two bizarre anomalies in California statutory law. First, some acts are designated as "Acts" and others are designated as "Laws", with no coherent distinction between
8619-683: The Manusmriti (c. 100–300 AD) were foundational treatises in India, and comprise texts considered authoritative legal guidance. Manu's central philosophy was tolerance and pluralism , and was cited across Southeast Asia. During the Muslim conquests in the Indian subcontinent , sharia was established by the Muslim sultanates and empires, most notably Mughal Empire 's Fatawa-e-Alamgiri , compiled by emperor Aurangzeb and various scholars of Islam. In India,
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#17328804725738788-454: The "is" and what "ought to be" problem. Bentham and Austin argued for law's positivism ; that real law is entirely separate from "morality". Kant was also criticised by Friedrich Nietzsche , who rejected the principle of equality, and believed that law emanates from the will to power , and cannot be labeled as "moral" or "immoral". In 1934, the Austrian philosopher Hans Kelsen continued
8957-634: The Alaska Constitutional Convention wanted to avoid the traditional county system and adopted their own unique model with different types of boroughs varying in powers and duties. In some states, these powers are partly or mostly devolved to the counties' smaller divisions usually called townships , though in New York, New England and Wisconsin they are called "towns". The county may or may not be able to override its townships on certain matters, depending on state law. The newest county in
9126-592: 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. Pursuant to the California Administrative Procedure Act , a "Notice of Proposed Action" is published in the California Regulatory Notice Register (Notice Register) and at least 45 days are required for public hearings and comment before being reviewed and approved by
9295-873: The California Office of Administrative Law (OAL) and codified in the CCR. The Judicial Council of California has also promulgated the California Rules of Court, which includes such publications as the Standards of Judicial Administration and the Ethics Standards for Neutral Arbitrators in Contractual Arbitrations, under the authority of article VI, section 6, of the Constitution of California. California has several different types of local governments throughout
9464-483: The California Reports , California Appellate Reports , and California Appellate Reports Supplement , respectively (among others). Counties and incorporated cities may promulgate local ordinances which are usually codified in county or city codes, respectively. There are also several sources of persuasive authority, which are not binding authority but are useful to lawyers and judges insofar as they help to clarify
9633-454: The City and County of Philadelphia, Pennsylvania ; City and County of San Francisco, California ; and Lynchburg-Moore County, Tennessee A consolidated city-county may still contain independent municipalities maintaining some governmental powers that did not merge with the rest of the county. For example, the government of Jacksonville–Duval County, Florida , still provides county-level services to
9802-497: The Codex Hammurabi . The most intact copy of these stelae was discovered in the 19th century by British Assyriologists , and has since been fully transliterated and translated into various languages, including English, Italian, German, and French. The Old Testament dates back to 1280 BC and takes the form of moral imperatives as recommendations for a good society. The small Greek city-state, ancient Athens , from about
9971-591: The Council of Europe member states to bring cases relating to human rights issues before it. Some countries allow their highest judicial authority to overrule legislation they determine to be unconstitutional . For example, in Brown v. Board of Education , the United States Supreme Court nullified many state statutes that had established racially segregated schools, finding such statutes to be incompatible with
10140-478: The Early Middle Ages , Roman law was rediscovered around the 11th century when medieval legal scholars began to research Roman codes and adapt their concepts to the canon law , giving birth to the jus commune . Latin legal maxims (called brocards ) were compiled for guidance. In medieval England, royal courts developed a body of precedent which later became the common law . A Europe-wide Law Merchant
10309-559: The English Court of Common Pleas had five. This powerful and tight-knit judiciary gave rise to a systematised process of developing common law. As time went on, many felt that the common law was overly systematised and inflexible, and increasing numbers of citizens petitioned the King to override the common law. On the King's behalf, the Lord Chancellor started giving judgments to do what
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#173288047257310478-1218: The Enlightenment . Then, in the 19th century, both France, with the Code Civil , and Germany, with the Bürgerliches Gesetzbuch , modernised their legal codes. Both these codes heavily influenced not only the law systems of the countries in continental Europe but also the Japanese and Korean legal traditions. Today, countries that have civil law systems range from Russia and Turkey to most of Central and Latin America . In common law legal systems, decisions by courts are explicitly acknowledged as "law" on equal footing with legislative statutes and executive regulations . The "doctrine of precedent", or stare decisis (Latin for "to stand by decisions") means that decisions by higher courts bind lower courts to assure that similar cases reach similar results. In contrast , in civil law systems, legislative statutes are typically more detailed, and judicial decisions are shorter and less detailed because
10647-551: The Fourteenth Amendment to the United States Constitution . A judiciary is theoretically bound by the constitution, just as all other government bodies are. In most countries judges may only interpret the constitution and all other laws. But in common law countries, where matters are not constitutional, the judiciary may also create law under the doctrine of precedent . The UK, Finland and New Zealand assert
10816-645: The French , but mostly the German Civil Code. This partly reflected Germany's status as a rising power in the late 19th century. Similarly, traditional Chinese law gave way to westernisation towards the final years of the Qing Dynasty in the form of six private law codes based mainly on the Japanese model of German law. Today Taiwanese law retains the closest affinity to the codifications from that period, because of
10985-527: The Hindu legal tradition, along with Islamic law, were both supplanted by common law when India became part of the British Empire . Malaysia, Brunei, Singapore and Hong Kong also adopted the common law system. The Eastern Asia legal tradition reflects a unique blend of secular and religious influences. Japan was the first country to begin modernising its legal system along Western lines, by importing parts of
11154-576: The Judicial Council of California identifies a significant defect in California civil procedure, it must lobby the Legislature and the Governor to change the statutes, rather than merely promulgating a simple rule change. This can be problematic as even noncontroversial technical amendments may be stalled due to unrelated disputes between the Legislature and Governor. A recent example is the California Electronic Discovery Act, which
11323-438: The Latin Church sui juris . The Eastern Catholic Churches, which developed different disciplines and practices, are governed by the Code of Canons of the Eastern Churches . The canon law of the Catholic Church influenced the common law during the medieval period through its preservation of Roman law doctrine such as the presumption of innocence . Roman Catholic canon law is a fully developed legal system, with all
11492-543: The Mid-Atlantic and Midwest , counties typically provide, at a minimum, courts, public utilities , libraries, hospitals, public health services, parks, roads, law enforcement, and jails. There is usually a county registrar, recorder, or clerk (the exact title varies) who collects vital statistics , holds elections (sometimes in coordination with a separate elections office or commission), and prepares or processes certificates of births, deaths, marriages, and dissolutions (divorce decrees). The county recorder normally maintains
11661-438: The New York City Borough of Manhattan), with 72,033 persons per square mile (27,812 persons/km ) in 2015. The Yukon–Koyukuk Census Area, Alaska , is both the most extensive and the least densely populated county or county equivalent with 0.0380 persons per square mile (0.0147 persons/km ) in 2015. In the 50 states (plus the District of Columbia), a total of 981 counties have a population over 50,000; 592 counties have
11830-423: The Old Norse word lǫg . The singular form lag meant ' something laid or fixed ' while its plural meant ' law ' . But what, after all, is a law? [...] When I say that the object of laws is always general, I mean that law considers subjects en masse and actions in the abstract, and never a particular person or action. [...] On this view, we at once see that it can no longer be asked whose business it
11999-401: The Province of Maine founded York County . Massachusetts followed in 1643. Pennsylvania and New York delegated significant power and responsibility from the colony government to county governments and thereby established a pattern for most of the United States, although counties remained relatively weak in New England . When independence came, the framers of the Constitution left
12168-608: The Quran has some law, and it acts as a source of further law through interpretation, Qiyas (reasoning by analogy), Ijma (consensus) and precedent . This is mainly contained in a body of law and jurisprudence known as Sharia and Fiqh respectively. Another example is the Torah or Old Testament , in the Pentateuch or Five Books of Moses. This contains the basic code of Jewish law, which some Israeli communities choose to use. The Halakha
12337-437: The U.S. Minor Outlying Islands ( Midway Atoll , Palmyra Atoll and Wake Island ) have small non-permanent human populations. The county equivalent with the smallest non-zero population counted in the census is Swains Island, American Samoa (17 people), although since 2008 this population has not been permanent either. The most densely populated county or county equivalent is New York County, New York (coextensive with
12506-569: The USGS counts Guam's election districts (villages) as county equivalents. The U.S. Census Bureau counts the 3 main islands in the U.S. Virgin Islands as county equivalents, while the USGS counts the districts of the U.S. Virgin Islands (of which there are 2) as county equivalents. Common sources of county names are names of people, geographic features, places in other states or countries, and animals. Quite
12675-490: The United States , a county or county equivalent is an administrative or political subdivision of a U.S. state or other territories of the United States which consists of a geographic area with specific boundaries and usually some level of governmental authority. The term " county " is used in 48 states, while Louisiana and Alaska have functionally equivalent subdivisions called parishes and boroughs , respectively. Counties and other local governments exist as
12844-671: The United States Census Bureau and some other federal agencies for some federal functions), and most of the governmental authority below the state level is in the hands of towns and cities . In several of Maine's sparsely populated counties, small towns rely on the county for law enforcement, and in New Hampshire several social programs are administered at the state level. In Connecticut, Rhode Island, and parts of Massachusetts, counties are now only geographic designations, and they do not have any governmental powers. All government
13013-676: The absolutist theory of Thomas Hobbes ' Leviathan . Sun Yat-sen 's Five Power Constitution for the Republic of China took the separation of powers further by having two additional branches of government—a Control Yuan for auditing oversight and an Examination Yuan to manage the employment of public officials. Max Weber and others reshaped thinking on the extension of state. Modern military, policing and bureaucratic power over ordinary citizens' daily lives pose special problems for accountability that earlier writers such as Locke or Montesquieu could not have foreseen. The custom and practice of
13182-466: The county seat ("parish seat" in Louisiana, "borough seat" in Alaska, or " shire town " in several New England counties). The county seat usually resides in a municipality. However, some counties may have multiple seats or no seat. In some counties with no incorporated municipalities, a large settlement may serve as the county seat. The power of county governments varies widely from state to state, as does
13351-473: The median land area of U.S. counties was 622 sq mi (1,610 km ), which is two-thirds of the median land area of a ceremonial county of England , and a little more than a quarter of the median land area of a French département . Counties in the western United States typically have a much larger land area than those in the eastern United States. For example, the median land area of counties in Georgia
13520-597: The "basic pattern of legal reasoning is reasoning by example"—that is, reasoning by comparing outcomes in cases resolving similar legal questions. In a U.S. Supreme Court case regarding procedural efforts taken by a debt collection company to avoid errors, Justice Sotomayor cautioned that "legal reasoning is not a mechanical or strictly linear process". Jurimetrics is the formal application of quantitative methods, especially probability and statistics , to legal questions. The use of statistical methods in court cases and law review articles has grown massively in importance in
13689-424: The 22nd century BC, the ancient Sumerian ruler Ur-Nammu had formulated the first law code , which consisted of casuistic statements ("if … then ..."). Around 1760 BC, King Hammurabi further developed Babylonian law , by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae , for the entire public to see; this became known as
13858-500: The 29 California Codes . State agencies promulgate regulations with the California Regulatory Notice Register , which are in turn codified in the California Code of Regulations . California's legal system is based on common law , which is interpreted by case law through the decisions of the Supreme Court of California , California Courts of Appeal , and Appellate Divisions of the Superior Courts of California , and published in
14027-451: The 50 states and District of Columbia. There are an additional 100 county equivalents in the territories of the United States . The average number of counties per state is 62, with a range from the three counties of Delaware to the 254 counties of Texas . Southern and Midwestern states generally tend to have more counties than Western or Northeastern states, as many Northeastern states are not large enough in area to warrant
14196-505: The 50 states and the District of Columbia. If the 100 county equivalents in the U.S. territories are counted, then the total is 3,244 counties and county-equivalents in the United States. The idea of counties originated with the counties of England . English (after 1707, British ) colonists brought to their colonies in North America a political subdivision that they already used in
14365-467: The 6th century, which were rediscovered by 11th century Italy. Roman law in the days of the Roman Republic and Empire was heavily procedural, and lacked a professional legal class. Instead a lay magistrate , iudex , was chosen to adjudicate. Decisions were not published in any systematic way, so any case law that developed was disguised and almost unrecognised. Each case was to be decided afresh from
14534-431: The 8th century BC was the first society to be based on broad inclusion of its citizenry, excluding women and enslaved people . However, Athens had no legal science or single word for "law", relying instead on the three-way distinction between divine law ( thémis ), human decree ( nomos ) and custom ( díkē ). Yet Ancient Greek law contained major constitutional innovations in the development of democracy . Roman law
14703-973: The British metropole : the counties. Counties were among the earliest units of local government established in the Thirteen Colonies that would become the United States. Virginia created the first counties in order to ease the administrative workload in Jamestown . The House of Burgesses divided the colony first into four "incorporations" in 1617 and finally into eight shires (or counties) in 1634: James City , Henrico , Charles City , Charles River , Warrosquyoake , Accomac , Elizabeth City , and Warwick River . America's oldest intact county court records can be found at Eastville, Virginia , in Northampton (originally Accomac) County , dating to 1632. Maryland established its first county, St. Mary's in 1637. In 1639,
14872-715: The Code Commission was replaced by the California Law Revision Commission . Strangely, although there is a Code of Civil Procedure, there was never a Code of Criminal Procedure; California's law of criminal procedure is codified in Part 2 of the Penal Code. The newest code is the Family Code, which was split off from the Civil Code in 1994. Pursuant to certain broadly worded statutes, state agencies have promulgated an enormous body of regulations, which are codified in
15041-423: 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." This statute was signed into law on April 13, 1850, after several months of debate over whether California should adopt common law, civil law , or a hybrid of both. Governor Peter Hardeman Burnett touched off the debate by recommending to California's first state legislature that
15210-634: The Judiciary Committee in its report to the Senate in February 1850. All statutes, regulations, and ordinances are subject to judicial review . They can be overturned by any state court of record if they impermissibly amend an initiative statute, are unconstitutional under the U.S. Constitution or the California Constitution, or be overturned by a federal court if they are unconstitutional under
15379-488: The King's entourage of judges hold their courts and judgments at "a certain place" rather than dispensing autocratic justice in unpredictable places about the country. A concentrated and elite group of judges acquired a dominant role in law-making under this system, and compared to its European counterparts the English judiciary became highly centralised. In 1297, for instance, while the highest court in France had fifty-one judges,
15548-502: The Quran as its constitution , and is governed on the basis of Islamic law. Iran has also witnessed a reiteration of Islamic law into its legal system after 1979. During the last few decades, one of the fundamental features of the movement of Islamic resurgence has been the call to restore the Sharia, which has generated a vast amount of literature and affected world politics . Socialist law
15717-1262: The Sharia: the Supreme Constitutional Court of Egypt may invalidate such laws, and in Iran the Guardian Council ensures the compatibility of the legislation with the "criteria of Islam". Prominent examples of legislatures are the Houses of Parliament in London, the Congress in Washington, D.C., the Bundestag in Berlin, the Duma in Moscow, the Parlamento Italiano in Rome and the Assemblée nationale in Paris. By
15886-430: The U.S. , the two systems were merged . In developing the common law, academic writings have always played an important part, both to collect overarching principles from dispersed case law and to argue for change. William Blackstone , from around 1760, was the first scholar to collect, describe, and teach the common law. But merely in describing, scholars who sought explanations and underlying structures slowly changed
16055-644: The U.S. Census Bureau began to also count Connecticut's Councils of Governments , which took over some of the regional powers from the state's former county governments, as county equivalents. Territories of the United States do not have counties; instead, the United States Census Bureau also divides them into county equivalents. The U.S. Census Bureau counts American Samoa 's districts and atolls as county equivalents. American Samoa locally has places called "counties", but these entities are considered to be " minor civil divisions " (not true counties) by
16224-473: The U.S. Census Bureau recognized the state's nine Councils of Governments as replacement for the state's eight legacy counties for all statistical purposes; full implementation was completed in 2024. The average U.S. county population was 104,435 in 2019, while the median county, which is Nicholas County, West Virginia , had a population of 25,965 in 2019. The most populous county is Los Angeles County, California , with 10,014,009 residents in 2020. This number
16393-475: The U.S. Census Bureau treats American Samoa's three districts and two atolls as county equivalents). American Samoa's counties are treated as minor civil divisions. Most territories are directly divided into municipalities or similar units, which are treated as equivalent of counties for statistical purposes: The U.S. Census Bureau counts all of Guam as one county equivalent (with the FIPS code 66010), while
16562-683: The U.S. Census Bureau. The number of counties per state ranges from the three counties of Delaware to the 254 counties of Texas . County populations also vary widely: in 2017, according to the Census Bureau, more than half the U.S. population was concentrated in just 143 of the more than 3,000 counties, or just 4.6% of all counties; the five most populous counties, ordered from most to least, are Los Angeles County, California ; Cook County, Illinois ; Harris County, Texas ; Maricopa County, Arizona ; and San Diego County, California . As of 2022 , there are 3,144 counties and county-equivalents in
16731-640: The U.S. Constitution. Pursuant to common law tradition, the courts of California have developed a large body of case law through the decisions of the Supreme Court of California and the California Courts of Appeal . The state supreme court's decisions are published in official reporters known as California Reports . The decisions of the Courts of Appeal are published in the California Appellate Reports . Both official reporters are now in their fourth series. The content of both reporters
16900-479: The United States Supreme Court. Unpublished decisions from California courts are also an important source of information about state law, even though they cannot be cited in future cases. Technically, the Court of Appeal is obligated to publish any opinion that materially contributes to the development of California caselaw, but this rule is not strictly followed, and the Court of Appeal often fails to publish opinions until
17069-484: The United States is the city and county of Broomfield, Colorado , established in 2001 as a consolidated city-county , previously part of four counties. The newest county equivalents are the Alaskan census areas of Chugach and Copper River , both established in 2019, and the Alaskan boroughs of Petersburg established in 2013, Wrangell established in 2008, and Skagway established in 2007. A consolidated city-county
17238-567: The adjudicator is only writing to decide the single case, rather than to set out reasoning that will guide future courts. Common law originated from England and has been inherited by almost every country once tied to the British Empire (except Malta, Scotland , the U.S. state of Louisiana , and the Canadian province of Quebec ). In medieval England during the Norman conquest , the law varied shire-to-shire based on disparate tribal customs. The concept of
17407-521: The appellate divisions of the superior courts (which hear appeals from infractions, misdemeanors, and "limited civil" cases) occasionally certify opinions for publication, which appear in a "Supplement" to the California Appellate Reports . The California Court Case Management System (CCMS) is the court case management and electronic court filing (e-filing) system intended for use by the several courts, though development has been stalled since 2012. Since then, all courts not yet on CCMS have resorted to
17576-402: The board. These positions may include county clerk , county treasurer , county surrogate, sheriff , and others. District attorneys or state attorneys are usually state-level as opposed to county-level officials, but in many states, counties and state judicial districts have coterminous boundaries. The site of a county's administration, and often the county courthouse , is generally called
17745-627: The celebrities whose marital disputes were litigated before the Supreme Court of California. Celebrities' spouses often attempt to establish California jurisdiction over marital disputes, since the state's community property system (under which a 50/50 split of marital assets is strictly mandated by statute) is more favorable to the noncelebrity spouse who earned less during the marriage than the celebrity spouse. The widespread distribution of Hollywood motion pictures and television shows has given millions of media consumers worldwide some degree of superficial familiarity with California law. For example,
17914-410: The city and the county at least nominally exist, they are properly classified as counties in their own right. Likewise, the boroughs of New York City are coextensive with counties and are therefore by definition also not county equivalents. There are technically no counties in U.S. territories. American Samoa has its own counties , but the U.S. Census Bureau does not treat them as counties (instead,
18083-421: The county (which merely implements state law). A typical criminal defendant will be arraigned and subsequently indicted or held over for trial before a trial court in and for a particular county where the crime occurred, kept in the county jail (if he is not granted bail or cannot make bail), prosecuted by the county's district attorney, and tried before a jury selected from that county. But long-term incarceration
18252-457: The county jail.) In several southern states, public school systems are organized and administered at the county level. As of 2024 , there were 2,999 counties, 64 Louisiana parishes , 19 organized boroughs and 11 census areas in Alaska, 9 Councils of Government in Connecticut, 41 independent cities , and the District of Columbia for a total of 3,144 counties and county equivalents in
18421-575: The defining features of any legal system. Civil law is the legal system used in most countries around the world today. In civil law the sources recognised as authoritative are, primarily, legislation —especially codifications in constitutions or statutes passed by government—and custom . Codifications date back millennia, with one early example being the Babylonian Codex Hammurabi . Modern civil law systems essentially derive from legal codes issued by Byzantine Emperor Justinian I in
18590-406: The executive acts as both head of state and head of government, and has power to appoint an unelected cabinet. Under a presidential system, the executive branch is separate from the legislature to which it is not accountable. Although the role of the executive varies from country to country, usually it will propose the majority of legislation, and propose government agenda. In presidential systems,
18759-448: The executive often has the power to veto legislation. Most executives in both systems are responsible for foreign relations , the military and police, and the bureaucracy. Ministers or other officials head a country's public offices, such as a foreign ministry or defence ministry . The election of a different executive is therefore capable of revolutionising an entire country's approach to government. County (United States) In
18928-501: The first anti- stalking law anywhere in the United States (which inspired the enactment of similar laws across the country). Celebrities' marital problems (and their ability to pay to litigate them thoroughly) have resulted in a very detailed Family Code, a rich corpus of family case law, and a large number of family law specialists officially certified by the State Bar of California. Lee Marvin , Barry Bonds , and Frankie Valli are among
19097-433: The first in the United States to begin carving out exceptions to at-will employment , in 1959. The California Environmental Quality Act (Public Resources Code Sec. 21000, et seq. ) (CEQA) has far more lenient standing requirements than the federal National Environmental Policy Act , with the result that it is much easier for California landowners to sue each other than comparable landowners in other states. California
19266-399: The four independent municipalities within its borders: Atlantic Beach , Baldwin , Jacksonville Beach , and Neptune Beach . The term county equivalents is used by the United States Census Bureau to describe divisions that are comparable to counties but called by different names: Consolidated city-counties are not designated county equivalents for administrative purposes; since both
19435-461: The general law of the state or by a charter specific to that county. States may allow only general-law counties, only charter counties, or both. Generally, general-law local governments have less autonomy than chartered local governments. Counties are usually governed by an elected body, variously called the county commission , board of supervisors , commissioners' court , county council , county court , or county legislature . In cases in which
19604-622: The geographically largest cities in the world, though often with population densities far below those of most urban areas. There are 40 consolidated city-counties in the U.S., including Augusta–Richmond County; the City and County of Denver, Colorado; the City and County of Honolulu, Hawaii ; Indianapolis–Marion County, Indiana ; Jacksonville–Duval County, Florida ; Louisville–Jefferson County, Kentucky ; Lexington–Fayette County, Kentucky ; Kansas City–Wyandotte County, Kansas ; Nashville–Davidson County, Tennessee ; New Orleans–Orleans Parish, Louisiana ;
19773-870: The golden age of Roman law and aimed to restore it to the peak it had reached three centuries before." The Justinian Code remained in force in the East until the fall of the Byzantine Empire . Western Europe, meanwhile, relied on a mix of the Theodosian Code and Germanic customary law until the Justinian Code was rediscovered in the 11th century, which scholars at the University of Bologna used to interpret their own laws. Civil law codifications based closely on Roman law, alongside some influences from religious laws such as canon law , continued to spread throughout Europe until
19942-524: The idea of the rule of law because he did not accept the primacy of abstract normative principles over concrete political positions and decisions. Therefore, Schmitt advocated a jurisprudence of the exception ( state of emergency ), which denied that legal norms could encompass all of the political experience. Later in the 20th century, H. L. A. Hart attacked Austin for his simplifications and Kelsen for his fiction in The Concept of Law . Hart argued law
20111-428: The ideal of parliamentary sovereignty , whereby the unelected judiciary may not overturn law passed by a democratic legislature. In communist states , such as China, the courts are often regarded as parts of the executive, or subservient to the legislature; governmental institutions and actors exert thus various forms of influence on the judiciary. In Muslim countries, courts often examine whether state laws adhere to
20280-405: The judicial branch of the state government rather than county governments. In many states, the county controls all unincorporated lands within its boundaries. In states with a township tier, unincorporated land is controlled by the townships. Residents of unincorporated land who are dissatisfied with county-level or township-level resource allocation decisions can attempt to vote to incorporate as
20449-564: The last few decades. It is a real unity of them all in one and the same person, made by covenant of every man with every man, in such manner as if every man should say to every man: I authorise and give up my right of governing myself to this man, or to this assembly of men, on this condition; that thou givest up, thy right to him, and authorise all his actions in like manner. Thomas Hobbes, Leviathan , XVII The main institutions of law in industrialised countries are independent courts , representative parliaments, an accountable executive,
20618-446: The law more difficult. A government usually leads the process, which can be formed from Members of Parliament (e.g. the UK or Germany). However, in a presidential system, the government is usually formed by an executive and his or her appointed cabinet officials (e.g. the United States or Brazil). The executive in a legal system serves as the centre of political authority of the State . In
20787-420: The law, and each of the volumes is authored by a panel of judges and lawyers with special expertise in the particular topic. Collectively, these volumes have been cited thousands of times in judicial opinions. Because California law is enormous, it is necessary to focus only on a few features which are unique to California law, when compared to the laws of its sister states as well as federal law. California has
20956-622: The law. In common law systems, judges may make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Religious law is in use in some religious communities and states, and has historically influenced secular law. The scope of law can be divided into two domains: public law concerns government and society, including constitutional law , administrative law , and criminal law ; while private law deals with legal disputes between parties in areas such as contracts , property , torts , delicts and commercial law . This distinction
21125-731: The law. The former are legal syllogism , which holds sway in civil law legal systems, analogy , which is present in common law legal systems, especially in the US, and argumentative theories that occur in both systems. The latter are different rules (directives) of legal interpretation such as directives of linguistic interpretation, teleological interpretation or systemic interpretation as well as more specific rules, for instance, golden rule or mischief rule . There are also many other arguments and cannons of interpretation which altogether make statutory interpretation possible. Law professor and former United States Attorney General Edward H. Levi noted that
21294-577: The laws of the State, which mirrors the (theoretical) unimportance of judges' decisions for future cases in civil law systems today. From 529 to 534 AD the Byzantine Emperor Justinian I codified and consolidated Roman law up until that point, so that what remained was one-twentieth of the mass of legal texts from before. This became known as the Corpus Juris Civilis . As one legal historian wrote, "Justinian consciously looked back to
21463-560: The least extensive county equivalent is Kingman Reef , with a land area of 0.01 square miles (0.03 km ). In some states, a municipality may be in only one county and may not annex territory in adjacent counties, but in the majority of states, the state constitution or state law allows municipalities to extend across county boundaries. At least 32 states include municipalities in multiple counties . Dallas , for example, contains portions of five counties, while numerous other cities comprise portions of four counties. New York City
21632-426: The legal profession is an important part of people's access to justice , whilst civil society is a term used to refer to the social institutions, communities and partnerships that form law's political basis. A judiciary is a number of judges mediating disputes to determine outcome. Most countries have systems of appeal courts, with an apex court as the ultimate judicial authority. In the United States, this authority
21801-416: The legislative power to enact laws for the county; it has the executive power to oversee the executive operations of county government; and it has quasi-judicial power with regard to certain limited matters (such as hearing appeals from the planning commission if one exists). In many states, several important officials are elected separately from the board of commissioners or supervisors and cannot be fired by
21970-522: The majority of states, contract law is fully codified in the Civil Code (which even includes details such as a definition of consideration ). However, the Restatement of Contracts (Second) is also used by California courts. Non-compete clauses are automatically void except for a small number of exceptions. Evidence privileges are fully codified in the California Evidence Code (meaning if it
22139-617: The matter to the states. Subsequently, state constitutions conceptualized county governments as arms of the state. Louisiana instead adopted the local divisions called parishes that dated back to both the Spanish colonial and French colonial periods when the land was dominated by the Catholic Church . In the twentieth century, the role of local governments strengthened and counties began providing more services, acquiring home rule and county commissions to pass local ordinances pertaining to their unincorporated areas . In 1955, delegates to
22308-472: The mid-1940s, efforts have been made, in country after country, to bring Sharia law more into line with modern conditions and conceptions. In modern times, the legal systems of many Muslim countries draw upon both civil and common law traditions as well as Islamic law and custom. The constitutions of certain Muslim states, such as Egypt and Afghanistan, recognise Islam as the religion of the state, obliging legislature to adhere to Sharia. Saudi Arabia recognises
22477-510: The military and police, bureaucratic organisation, the legal profession and civil society itself. John Locke, in his Two Treatises of Government , and Baron de Montesquieu in The Spirit of the Laws , advocated for a separation of powers between the political, legislature and executive bodies. Their principle was that no person should be able to usurp all powers of the state , in contrast to
22646-669: The most influential. In contrast to English common law, which consists of enormous tomes of case law, codes in small books are easy to export and easy for judges to apply. However, today there are signs that civil and common law are converging. EU law is codified in treaties, but develops through de facto precedent laid down by the European Court of Justice . Ancient India and China represent distinct traditions of law, and have historically had independent schools of legal theory and practice. The Arthashastra , probably compiled around 100 AD (although it contains older material), and
22815-505: The necessary elements: courts , lawyers , judges, a fully articulated legal code, principles of legal interpretation, and coercive penalties, though it lacks civilly-binding force in most secular jurisdictions. Until the 18th century, Sharia law was practiced throughout the Muslim world in a non-codified form, with the Ottoman Empire 's Mecelle code in the 19th century being a first attempt at codifying elements of Sharia law. Since
22984-457: The next most common source of county names are geographic features and locations, with some counties even being named after counties in other states, or for places in other countries, such as the United Kingdom (the latter is most common in the area of the original Thirteen Colonies in the case of the United Kingdom, or in places which had a large number of immigrants from a particular area for other countries). The most common geographic county name
23153-538: The notion of justice, and re-entered the mainstream of Western culture through the writings of Thomas Aquinas , notably his Treatise on Law . Hugo Grotius , the founder of a purely rationalistic system of natural law, argued that law arises from both a social impulse—as Aristotle had indicated—and reason. Immanuel Kant believed a moral imperative requires laws "be chosen as though they should hold as universal laws of nature". Jeremy Bentham and his student Austin, following David Hume , believed that this conflated
23322-424: The official record of all real estate transactions. Other key county officials include the coroner / medical examiner , treasurer , assessor , auditor , comptroller , and district attorney . In most states, the county sheriff is the chief law enforcement officer in the county. However, except in major emergencies where clear chains of command are essential, the county sheriff normally does not directly control
23491-399: The ordinances are misdemeanor crimes, unless otherwise specified as infractions . California's legal system is based on common law . Like all U.S. states except Louisiana , California has a reception statute providing for the "reception" of English law . 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
23660-720: The out-of-state decisions disagree with one another. However, this occurs less in California than in smaller jurisdictions, because the state's tremendous size guarantees that most legal issues have already been decided by some prior California court. Decisions from federal courts are also frequently cited as a source of persuasive authority about California law, even by the California Supreme Court. Although California courts have no obligation to follow federal precedents about matters of state law, they generally follow federal decisions on issues of federal law, even though they are only required to do so when an issue has been settled by
23829-584: The people.) This means that all criminal prosecutions and all enacted laws are done in the name of "the People", rather than "the State" or "the Commonwealth" as in much of the United States. The preambles of the state's two open meeting laws, the Brown Act and the Bagley-Keene Act , both contain the sentence: "The people of this state do not yield their sovereignty to the agencies which serve them." California
23998-448: The police departments of city governments, but merely cooperates with them (e.g., under mutual aid pacts). Thus, the most common interaction between county and city law enforcement personnel is when city police officers deliver suspects to sheriff's deputies for detention or incarceration in the county jail. In most states, the state courts and local law enforcement are organized and implemented along county boundaries, but nearly all of
24167-438: The portions of appellate opinions known as dicta , in which a court discusses legal issues that it is not obligated to decide in the case before it. Dicta from the California Supreme Court is entitled to great weight, and the Court of Appeal rarely exercises its power to disregard the high court's gratuitous statements about California law. Cases from other states are often cited in California appellate opinions, particularly when
24336-564: The positivist tradition in his book the Pure Theory of Law . Kelsen believed that although law is separate from morality, it is endowed with "normativity", meaning we ought to obey it. While laws are positive "is" statements (e.g. the fine for reversing on a highway is €500); law tells us what we "should" do. Thus, each legal system can be hypothesised to have a ' basic norm ' ( German : Grundnorm ) instructing us to obey. Kelsen's major opponent, Carl Schmitt , rejected both positivism and
24505-483: The positivists for their refusal to treat law as a moral issue. Dworkin argues that law is an " interpretive concept" that requires judges to find the best fitting and most just solution to a legal dispute, given their Anglo-American constitutional traditions. Joseph Raz , on the other hand, defended the positivist outlook and criticised Hart's "soft social thesis" approach in The Authority of Law . Raz argues that law
24674-416: The principle of representative government people vote for politicians to carry out their wishes. Although countries like Israel, Greece, Sweden and China are unicameral , most countries are bicameral , meaning they have two separately appointed legislative houses. In the 'lower house' politicians are elected to represent smaller constituencies . The 'upper house' is usually elected to represent states in
24843-469: The question of the extent to which law incorporates morality. John Austin 's utilitarian answer was that law is "commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience". Natural lawyers , on the other hand, such as Jean-Jacques Rousseau , argue that law reflects essentially moral and unchangeable laws of nature. The concept of "natural law" emerged in ancient Greek philosophy concurrently and in connection with
25012-516: The regional Pacific Reporter and the state-specific California Reporter (both now in their third series). All Supreme Court decisions are published, but less than 10% of Court of Appeal decisions are published. "Unpublished" decisions handed down after 1980 are generally available through the LexisNexis and Westlaw databases, but are useful only for academic researchers or as an aid in finding relevant published decisions. An unpublished decision in
25181-578: The relationship between counties and incorporated cities. The powers of counties arise from state law and vary widely. In Connecticut and Rhode Island , counties are geographic entities, but not governmental jurisdictions. At the other extreme, Maryland counties and the county equivalent City of Baltimore handle almost all services, including public education , although the state retains an active oversight authority with many of these services. Counties in Hawaii also handle almost all services since there
25350-419: The section numbered 437), the "subdivision" prefix must be used when citing any subsection of all California statutes. Similar to New York, but unlike most other states and the federal judiciary, nearly all of California civil procedure law is located in the Code of Civil Procedure (a statute) rather than in the California Rules of Court (a set of regulations promulgated by the judiciary). Therefore, whenever
25519-566: The section numbers of the California Penal Code have become familiar to viewers around the world. Section 187 (murder) is probably the most well-known. The Unruh Civil Rights Act and the California Fair Employment and Housing Act are among the most powerful civil rights laws in the United States. Both offer much broader coverage and more generous remedies than their federal equivalents. California appellate courts were
25688-402: The sharing of many features traditionally considered typical of either common law or civil law. The third type of legal system is religious law, based on scriptures . The specific system that a country is ruled by is often determined by its history, connections with other countries, or its adherence to international standards. The sources that jurisdictions adopt as authoritatively binding are
25857-405: The split between Chiang Kai-shek 's nationalists, who fled there, and Mao Zedong 's communists who won control of the mainland in 1949. The current legal infrastructure in the People's Republic of China was heavily influenced by Soviet Socialist law , which essentially prioritises administrative law at the expense of private law rights. Due to rapid industrialisation, today China is undergoing
26026-482: The state archives to recover and compile such opinions, which were published in a separate reporter called California Unreported Cases starting in 1913. Despite the reporter's name, those decisions are also citable as precedent, since they would have been published but for the court's severely disorganized condition at the time they were issued. The orders and decisions of the Superior Courts of California in their capacity as trial courts are never published. However,
26195-468: The state of the law. These include opinions by federal courts on state law, and opinions of other state courts on relevant issues. The foremost source of state law is the Constitution of California , which like other state constitutions derives its power and legitimacy from the sovereignty of the people . The California Constitution in turn is subordinate to the Constitution of the United States , which
26364-405: The state should borrow Louisiana's Civil Code and Code of Practice (that state's name for a code of civil procedure) and use the common law for everything else. A minority of lawyers led by John W. Dwinelle wanted to adopt the civil law, but the majority of lawyers and Senate Judiciary Committee chair Elisha Oscar Crosby wanted to adopt the common law, and the latter position was duly adopted by
26533-541: The state's French and Spanish colonial periods. Before the Louisiana Purchase and granting of statehood, government was often administered in towns where major church parishes were located. Of the original 19 civil parishes of Louisiana that date from statehood in 1807, nine were named after the Roman Catholic parishes from which they were governed. The structure and powers of a county government may be defined by
26702-972: The state. California is divided into 58 counties , including San Francisco (a consolidated city–county with the powers of both types of entities) and municipal areas incorporated as cities . All of the state's territory is within one of the counties, but not all of it is within the boundaries of a city; the areas not under city control are called unincorporated areas and are directly managed by county governments. School districts , which are independent of cities and counties, handle public education. Many other functions, especially in unincorporated areas, are handled by special districts , which include municipal utility districts , transit districts , vector control districts, and geologic hazard abatement districts. Counties and incorporated cities may promulgate ordinances which are usually codified in county codes and city codes, respectively. Every act prohibited or declared unlawful, and every failure to perform an act required, by
26871-470: The strongest limits on property tax in the country. The law limits a property's total tax rate for all local governments to 1% of "taxable value". Taxable value is defined as the most recent purchase price of the property, plus increases each year of 2% or the rate of inflation, whichever is lower. Law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition
27040-421: The substantive and procedural law adjudicated in state trial courts originates from the state legislature and state appellate courts. In other words, most criminal defendants are prosecuted for violations of state law, not local ordinances, and if they, the district attorney, or police seek reforms to the criminal justice system, they will usually have to direct their efforts towards the state legislature rather than
27209-399: The term "county equivalent" to describe places that are comparable to counties, but called by different names. Louisiana parishes, the organized boroughs of Alaska, independent cities, and the District of Columbia are equivalent to counties for administrative purposes. Alaska's Unorganized Borough is further divided into 11 census areas that are statistically equivalent to counties. In 2024,
27378-540: The two. A typical example of this problem was in California consumer law, where an injured consumer previously could attempt to sue on behalf of all similarly injured consumers under the Unfair Competition Law and the Consumers Legal Remedies Act until 2004 when voters enacted Proposition 64 requiring the person filing suit to claim to be aggrieved by the alleged violation(s). The second oddity
27547-614: The way the law actually worked. Religious law is explicitly based on religious precepts. Examples include the Jewish Halakha and Islamic Sharia —both of which translate as the "path to follow". Christian canon law also survives in some church communities. Often the implication of religion for law is unalterability because the word of God cannot be amended or legislated against by judges or governments. Nonetheless, most religious jurisdictions rely on further human elaboration to provide for thorough and detailed legal systems. For instance,
27716-418: The word "law" had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word "law" and that it is also equally obvious that the struggle to define that word should not ever be abandoned. It is possible to take the view that there is no need to define the word "law" (e.g. "let's forget about generalities and get down to cases "). One definition
27885-440: Was dissolved by the District of Columbia Organic Act . Jefferson County , for Thomas Jefferson , is next with 26. The most recent president to have a county named for him was Warren G. Harding , reflecting the slowing rate of county creation since New Mexico and Arizona became states in 1912. The most common names for counties not named after a president are Franklin (25), Clay (18), and Montgomery (18). After people,
28054-467: Was equitable in a case. From the time of Sir Thomas More , the first lawyer to be appointed as Lord Chancellor, a systematic body of equity grew up alongside the rigid common law, and developed its own Court of Chancery . At first, equity was often criticised as erratic. Over time, courts of equity developed solid principles , especially under Lord Eldon . In the 19th century in England, and in 1937 in
28223-490: Was formed so that merchants could trade with common standards of practice rather than with the many splintered facets of local laws. The Law Merchant, a precursor to modern commercial law, emphasised the freedom to contract and alienability of property. As nationalism grew in the 18th and 19th centuries, the Law Merchant was incorporated into countries' local law under new civil codes. The Napoleonic and German Codes became
28392-461: Was heavily influenced by Greek philosophy, but its detailed rules were developed by professional jurists and were highly sophisticated. Over the centuries between the rise and decline of the Roman Empire , law was adapted to cope with the changing social situations and underwent major codification under Theodosius II and Justinian I . Although codes were replaced by custom and case law during
28561-468: Was vetoed in October 2008 (along with many other bills) by Governor Arnold Schwarzenegger simply as his expression of disgust with the Legislature's inability to fix the state's dysfunctional budget, rather than because of any substantive defect in the bill itself. The Electronic Discovery Act had to be reintroduced in the next legislative session and was finally signed by the Governor on June 29, 2009. Unlike
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