The government of California is the governmental structure of the U.S. state of California as established by the California Constitution. California uses the separation of powers system to structure its government. It is composed of three branches: the executive, consisting of the governor of California and the other constitutionally elected and appointed officers and offices; the legislative, consisting of the California State Legislature, which includes the Assembly and the Senate; and the judicial, consisting of the Supreme Court of California and lower courts. There is also local government, consisting of counties, cities, special districts, and school districts, as well as government entities and offices that operate independently on a constitutional, statutory, or common law basis. The state also allows direct participation of the electorate by initiative, referendum, recall and ratification.
Cohen v. California, 403 U.S. 15 (1971), was a landmark decision of the US Supreme Court holding that the First Amendment prevented the conviction of Paul Robert Cohen for the crime of disturbing the peace by wearing a jacket displaying "Fuck the Draft" in the public corridors of a California courthouse.
The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts. Since 1850, the court has issued many influential decisions in a variety of areas including torts, property, civil and constitutional rights, and criminal law.
Apple v. Does was a high-profile legal proceeding in United States of America notable for bringing into question the breadth of the shield law protecting journalists from being forced to reveal their sources, and whether that law applied to online news journalists writing about corporate trade secrets. The case was also notable for the large collection of amici curiae who joined in the matter.
The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided along county lines into six appellate districts. The Courts of Appeal form the largest state-level intermediate appellate court system in the United States, with 106 justices.
The People of the State of California v. Robert Page Anderson, 493 P.2d 880, 6 Cal. 3d 628, was a landmark case in the state of California that outlawed capital punishment for nine months until the enactment of a constitutional amendment reinstating it, Proposition 17.
Tarasoff v. Regents of the University of California, 17 Cal. 3d 425, 551 P.2d 334, 131 Cal. Rptr. 14, was a case in which the Supreme Court of California held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient. The original 1974 decision mandated warning the threatened individual, but a 1976 rehearing of the case by the California Supreme Court called for a "duty to protect" the intended victim. The professional may discharge the duty in several ways, including notifying police, warning the intended victim, and/or taking other reasonable steps to protect the threatened individual.
Randall v. Orange County Council, 17 Cal.4th 736, 952 P.2d 261, 72 Cal.Rptr.2d 453 (1998), was a case before the Supreme Court of California that established that groups such as the Boy Scouts of America are not considered "business establishments" as used in the state's Unruh Civil Rights Act and could not be subject to its provisions. Its companion case was Curran v. Mount Diablo Council of the Boy Scouts of America, 17 Cal.4th 670, 952 P.2d 218, 72 Cal.Rptr.2d 410 (1998).
Armstrong I–VIII were a lengthy series of lawsuits and other legal actions, primarily in the California state courts, arising from Gerald Armstrong's departure from the Church of Scientology (COS). The COS argued that Armstrong, a former COS employee, improperly took private papers belonging to the Church, while Armstrong argued that he took the papers to protect himself from improper disciplinary proceedings and that the Church did, in fact, discipline him improperly.
National Federation of the Blind v. Target Corporation, 452 F. Supp. 2d 946, was a class action lawsuit in the United States that was filed on February 7, 2006, in the Superior Court of California for the County of Alameda, and subsequently moved to federal court. The case challenged whether the Americans with Disabilities Act of 1990, specifically Title III's provisions prohibiting discrimination by "places of public accommodation", apply to websites and/or the Internet, or are restricted to physical places.
Superior courts in California are the state trial courts with general jurisdiction to hear and decide any civil or criminal action which is not specially designated to be heard in some other court or before a governmental agency. As mandated by the California Constitution, there is a superior court in each of the 58 counties in California. The superior courts also have appellate divisions which hear appeals from decisions in cases previously heard by inferior courts.
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.
Asahi Metal Industry Co. v. Superior Court, 480 U.S. 102 (1987), decided on February 24, 1987, was a case decided by the United States Supreme Court, in which the court decided whether a foreign corporation, by merely being aware that its products could end up in the forum state and into the American "stream of commerce" which later caused injuries, satisfied the minimum contact necessary to satisfy jurisdictional due process requirements. The court was unanimous in the result, but issued a fractured decision with Associate Justice Sandra Day O'Connor writing for a plurality of the court.
Serrano v. Priest refers to three cases regarding the financing of public schools in California that were decided by the California Supreme Court: Serrano v. Priest, 5 Cal.3d 584 (1971) ; Serrano v. Priest, 18 Cal.3d 728 (1976) ; and Serrano v. Priest, 20 Cal.3d 25 (1977).
Frank Kellogg Richardson was an American attorney and Associate Justice of the California Supreme Court.
The Judiciary of California or the Judicial Branch of California is defined under the California Constitution as holding the judicial power of the state of California which is vested in the Supreme Court, the Courts of Appeal and the Superior Courts. The judiciary has a hierarchical structure with the California Supreme Court at the top, California Courts of Appeal as the primary appellate courts, and the California Superior Courts as the primary trial courts.
The People of the State of California v. Superior Court (Romero), 13 CAL. 4TH 497, 917 P.2D 628, was a landmark case in the state of California that gave California Superior Court judges the ability to dismiss a criminal defendant's "strike prior" pursuant to the California Three-strikes law, thereby avoiding a 25-to-life minimum sentence.
United States v. Miller, 425 U.S. 435 (1976), was a United States Supreme Court that held that bank records are not subject to protection under the Fourth Amendment to the United States Constitution. The case, along with Smith v. Maryland, established the principle of the third-party doctrine in relation to privacy rights.
Franchise Tax Board of California v. Hyatt, 578 U.S. ___ (2016), was a United States Supreme Court case in which the Court held that the Nevada rule that does not extend the same immunities to agencies of other states as it does to its own is effectively a "policy of hostility", which is unconstitutional under the Full Faith and Credit Clause. The Court split equally on the question whether Nevada v. Hall should be overruled, effectively upholding it.
The writ of mandate is a type of extraordinary writ in the U.S. state of California. In California, certain writs are used by the superior courts, courts of appeal and the Supreme Court to command lower bodies, including both courts and administrative agencies, to do or not to do certain things. A writ of mandate may be granted by a court as an order to an inferior tribunal, corporation, board or person, both public and private. Unlike the federal court system, where interlocutory appeals may be taken on a permissive basis and mandamus are usually used to contest recusal decisions, the writ of mandate in California is not restricted to purely ministerial tasks, but can be used to correct any legal error by the trial court. Nonetheless, ordinary writ relief in the Court of Appeal is rarely granted.
