Tag Archives: CO

Courts

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Courts in California

Over the period 2008-2013, the financial crisis affecting California’s courts has caused:

  • 46 courthouses to close
  • 164 courtrooms to close
  • 1,885 court employees to lose their jobs
  • $1.2 billion to be cut from the state courts’ budget

Source: Assembly Judiciary Committee, February 2013

Federal Courts

Federal Courts in California include the following:

  • California Bankruptcy Court. The main office is in the capital of California (differerent from the divisional offices, located in the main city or cities of each U.S. State)
  • California District Court. The main office is in the capital of California (differerent from the divisional offices, located in the main city or cities of each U.S. State)
  • Probation Office. The main office is in the capital of California (differerent from the divisional offices, located in the main city or cities of each U.S. State)

California Courts

This section covers California-specific basic information on courts and related topics. Many of California's laws on courts are similar to those of other U.S. states, with some differences (in some cases, minor differences). California courts laws on courts are created and revised by the actions of lawmakers and the courts. Use the cross-references and topics below to learn more about California statutes and laws on courts, which is a basic matter in California law.

California Courts

This section covers California-specific basic information on courts and related topics. Many of California's laws on courts are similar to those of other U.S. states, with some differences (in some cases, minor differences). California courts laws on courts are created and revised by the actions of lawmakers and the courts. Use the cross-references and topics below to learn more about California statutes and laws on courts, which is a basic matter in California law.

Courts and Judges in California: General Overview

This entry offers readers with practical insight to the subject of courts and judges in California, a general introduction to the legal issues relating to courts and judges under California law and practice.

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Court System

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Court System in California

Introduction to the California Court System

Welcome to the California legal encyclopedia's introductory part covering the introduction to the California court system laws of California, with explanations of the various implications of introduction to the California court system in California and the statutes enforced in California in connexion with introduction to the California court system. This introductory section covers case law related to introduction to the California court system in California, the legal approach on introduction to the California court system in the United States and related topics. The information below provides an California-specific general overview of the legal regime of introduction to the California court system in California.

Introduction to the California Court System in relation to Civil Procedure

This section analizes the legal issue of introduction to the California court system in this context.

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Conversion

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Conversion

California Conversion

This section covers California-specific basic information on conversion and related topics. Many of California's laws on conversion are similar to those of other U.S. states, with some differences (in some cases, minor differences). California conversion laws on conversion are created and revised by the actions of lawmakers and the courts. Use the cross-references and topics below to learn more about California statutes and laws on conversion, which is a basic matter in California law.

Conversion in relation to Personal Injury and Torts

This section analizes the legal issue of conversion in this context, and provides information on its relation with Specific Torts

Conversion in relation to Probate, Estates and Trusts

This section analizes the legal issue of conversion in this context, and provides information on its relation with Wills

Conversion and Replevin in California: General Overview

This entry offers readers with practical insight to the subject of conversion and replevin in California, a general introduction to the legal issues relating to conversion and replevin under California law and practice.

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Costs

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Costs

California Costs

This section covers California-specific basic information on costs and related topics. Many of California's laws on costs are similar to those of other U.S. states, with some differences (in some cases, minor differences). California costs laws on costs are created and revised by the actions of lawmakers and the courts. Use the cross-references and topics below to learn more about California statutes and laws on costs, which is a basic matter in California law.

Costs and Fees

Welcome to the California legal encyclopedia's introductory part covering the costs and fees laws of California, with explanations of the various implications of costs and fees in California and the statutes enforced in California in connexion with costs and fees. This introductory section covers case law related to costs and fees in California, the legal approach on costs and fees in the United States and related topics. The information below provides an California-specific general overview of the legal regime of costs and fees in California.

Costs and Fees in relation to Criminal Law & Procedure

This section analizes the legal issue of costs and fees in this context, and provides information on its relation with Posttrial Matters; Appeals.

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Condominiums

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Condominiums in California

Condominiums, Cooperatives, and Timeshares

Welcome to the California legal encyclopedia's introductory part covering the condominiums, cooperatives, and timeshares laws of California, with explanations of the various implications of condominiums, cooperatives, and timeshares in California and the statutes enforced in California in connexion with condominiums, cooperatives, and timeshares. This introductory section covers case law related to condominiums, cooperatives, and timeshares in California, the legal approach on condominiums, cooperatives, and timeshares in the United States and related topics. The information below provides an California-specific general overview of the legal regime of condominiums, cooperatives, and timeshares in California.

Condominiums, Cooperatives, and Timeshares in relation to Property

This section analizes the legal issue of condominiums, cooperatives, and timeshares in this context, and provides information on its relation with Particular Forms of Real Property Ownership.

Condominiums and Cooperative Apartments in California: General Overview

This entry offers readers with practical insight to the subject of condominiums and cooperative apartments in California, a general introduction to the legal issues relating to condominiums and cooperative apartments under California law and practice.

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Contractors

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Contractors in California

Agency and Independent Contractors in California: General Overview

This entry offers readers with practical insight to the subject of agency and independent contractors in California, a general introduction to the legal issues relating to agency and independent contractors under California law and practice.

Common Law

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Common Law

California Common Law

This section covers California-specific basic information on common law and related topics. Many of California's laws on common law are similar to those of other U.S. states, with some differences (in some cases, minor differences). California common law laws on common law are created and revised by the actions of lawmakers and the courts. Use the cross-references and topics below to learn more about California statutes and laws on common law, which is a basic matter in California law.

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Compositions With Creditors

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Compositions With Creditors

California Compositions with Creditors

This section covers California-specific basic information on compositions with creditors and related topics. Many of California's laws on compositions with creditors are similar to those of other U.S. states, with some differences (in some cases, minor differences). California compositions with creditors laws on compositions with creditors are created and revised by the actions of lawmakers and the courts. Use the cross-references and topics below to learn more about California statutes and laws on compositions with creditors, which is a basic matter in California law.

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Commercial Law

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Commercial Law

Commercial Law

Basics of commercial law in the State of California. There is also additional information and resources on related topics in California.

Uniform Commercial Code, Article 1: General Provisions

Welcome to the California legal encyclopedia's introductory part covering the Uniform Commercial Code, Article 1: general provisions laws of California, with explanations of the various implications of Uniform Commercial Code, Article 1: general provisions in California and the statutes enforced in California in connexion with Uniform Commercial Code, Article 1: general provisions. This introductory section covers case law related to Uniform Commercial Code, Article 1: general provisions in California, the legal approach on Uniform Commercial Code, Article 1: general provisions in the United States and related topics. The information below provides an California-specific general overview of the legal regime of Uniform Commercial Code, Article 1: general provisions in California.

Uniform Commercial Code, Article 1: General Provisions in relation to Commercial Law

This section analizes the legal issue of Uniform Commercial Code, Article 1: general provisions in this context, and provides information on its relation with Uniform Commercial Code.

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Counsel

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Counsel in California

Right to counsel in civil trials

by Mike Rosen (2012)

San Francisco experiments with the right to counsel in civil trials.

A city ordinance signed by Mayor Ed Lee in April 2012 has made San Francisco the first city in the nation to create a guaranteed right to civil counsel. Although the U.S. Supreme Court recognized a right to legal representation in criminal matters in the landmark case of Gideon v. Wainwright (372 U.S. 335 (1963)), no such corresponding right exists in the civil arena, despite what some see as a greater need for it.

“You cannot have a more compelling cause than child custody or shelter for family,” says Robert Rubin, former litigation director for the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area. Rubin brought the proposal to the San Francisco Board of Supervisors last fall, together with Shearman & Sterling partner James J. Donato and Morrison & Foerster partner James J. Brosnahan. Rubin argues that while rights threatened in civil court go unprotected by counsel, “You would get a lawyer if you were facing six months of probation for stealing a magazine.”

The ordinance, passed in March by the Board of Supervisors, authorizes a one-year Right to Civil Counsel pilot program but restricts the city’s financial commitment to paying one staff person to coordinate the city, clients, and pro bono lawyers. To be eligible for free counsel, a person would need to live within 200 percent of the federal poverty line and have a case touching on “a basic human need,” such as housing, safety, or child custody.

According to a 2010 report by the Judicial Council of California, 80 percent of litigants in California’s family law courts and more than 90 percent of those in tenancy disputes represent themselves. Some aid has come through California’s 2009 Sargent Shriver Civil Counsel Act, which created $9.5 million in grants to help low-income clients obtain representation in civil matters.

California’s pilot programs are the first instance of city or state governments taking steps to offer a right to civil counsel; in other states efforts are driven mostly by private bars, legal service organizations, and court-created justice commissions. For example, in 2009 the Philadelphia Bar started civil Gideon pilot projects in mortgage foreclosure and child custody cases. In 2007 the Boston Bar conducted a similar project with regard to eviction cases.

The San Francisco ordinance comes at a time when the court system is struggling to meet its responsibilities to the public. But Brosnahan says the ordinance could help lighten the load on courts by reducing delays caused by pro se litigants unfamiliar with court procedures. Judges would also intervene less often to explain procedures to unrepresented parties and thus avoid accusations that they are biased.

“This is a problem that gets worse and worse,” says Brosnahan. “On the fifth floor of the superior court in San Francisco, you see people in huge lines at the self-help window. It’s pathetic our society can’t do better.”
If successful, the program will become permanent, adds Brosnahan, who hopes to introduce similar proposals in other cities.

Lawrence J. Siskind, a partner at Harvey Siskind in San Francisco and a civil Gideon critic, expressed skepticism about taking on the added expense of a civil-right-to-counsel program when California’s court system is already facing a financing crisis. He says that private legal aid groups are better positioned to decide which cases are most worthy of counsel.

Still, supporters say that the ordinance could save the city money in the long run. “By not providing counsel, cities and states end up paying the costs down the road,” says John Pollock, coordinator for the National Coalition for a Civil Right to Counsel, “in extended foster care or more police enforcement or homeless shelters. The San Francisco ordinance is very innovative and noteworthy. It’s a milestone.”

Arguments and Conduct of Counsel, Judge and Others

Welcome to the California legal encyclopedia's introductory part covering the arguments and conduct of counsel, judge and others laws of California, with explanations of the various implications of arguments and conduct of counsel, judge and others in California and the statutes enforced in California in connexion with arguments and conduct of counsel, judge and others. This introductory section covers case law related to arguments and conduct of counsel, judge and others in California, the legal approach on arguments and conduct of counsel, judge and others in the United States and related topics. The information below provides an California-specific general overview of the legal regime of arguments and conduct of counsel, judge and others in California.

Arguments and Conduct of Counsel, Judge and Others in relation to Criminal Law & Procedure

This section analizes the legal issue of arguments and conduct of counsel, judge and others in this context, and provides information on its relation with Trial.

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