California courts of appeal
The California courts of appeal are the state intermediate appellate courts in the U. S. state of California. The state is geographically divided into six appellate districts; the courts of appeal form the largest state-level intermediate appellate court system in the United States, with 105 justices. The decisions of the courts of appeal are binding on the California superior courts, both the courts of appeal and the superior courts are bound by the decisions of the Supreme Court of California. Notably, all published; this is distinct from the practice in the federal courts and in other state court systems in which trial courts are bound only by the appellate decisions from the particular circuit in which it sits, as well as the Supreme Court of the United States or the state supreme court. In contrast, "there is no horizontal stare decisis in the California Court of Appeal". Thus, all superior courts are bound by the decision of a court of appeal if it is the only published California precedent that articulates a point of law relevant to a particular set of facts if the superior court would have decided differently if writing on a fresh slate.
However, another court of appeal division or district may rule differently on that point of law after a litigant seeks relief from an adverse trial court ruling that faithfully applied existing precedent. In that instance, all superior courts are free to pick and choose which precedent they wish to follow until the state supreme court settles the issue for the entire state, although a superior court confronted with such a conflict will follow the view of its own court of appeal, it is customary in federal courts and other state courts to indicate in case citations the particular circuit or district of an intermediate appellate court that issued the decision cited. But because the decisions of all six California appellate districts are binding upon all trial courts, district numbers are traditionally omitted in California citation style unless an actual interdistrict conflict is at issue. All California appellate courts are required by the California Constitution to decide criminal cases in writing with reasons stated.
Such procedure is not mandated for civil cases, but for certain types of civil cases where a liberty interest is implicated, the courts of appeal may, but are not required to, follow a similar procedure. Most Court of Appeal opinions have no precedential value. In addition, West Publishing traditionally included Court of Appeal opinions in its unofficial reporter, the Pacific Reporter. In 1959, West began publishing both Supreme Court and Court of Appeal opinions in West's California Reporter, no longer included Court of Appeal opinions in the Pacific Reporter. Due to their huge caseloads and volume of output, the courts of appeal in turn see the largest number of decisions appealed to the state supreme court and the Supreme Court of the United States. A few famous U. S. Supreme Court cases, such as Burnham v. Superior Court of California, came to the high court on writ of certiorari to one of the courts of appeal after the state supreme court had denied review. Many Court of Appeal opinions have become nationally prominent in their own right, such as the 1959 opinion that carved out the first judge-made exception to the at-will employment doctrine, the 1980 opinion that authorized a cause of action for wrongful life, the 1984 opinion that created the right to Cumis counsel.
The California Constitution made the Supreme Court the only appellate court for the whole state. As the state's population skyrocketed during the 19th century, the Supreme Court was expanded from three to seven justices, the Court began hearing the majority of appeals in three-justice panels; the Court became so overloaded that it issued summary dispositions in minor cases, meaning that it was saying "affirmed" or "reversed" without saying why. The state's second Constitution, enacted in 1879, halted that practice by expressly requiring the Court to issue every dispositive decision in writing "with reasons stated." In 1889, the Legislature authorized the Supreme Court to appoint five commissioners to help with its work. Despite implementing all these measures, the Supreme Court was no longer able to keep up with the state's growing appellate caseload by the end of the 19th century. Accordingly, in 1903, the Legislature proposed a constitutional amendment to create what were called the district courts of appeal.
On November 8, 1904, the electorate adopted the amendment. The district courts of appeal consisted of three appellate districts, headquartered in San Francisco, Los Angeles, Sacramento, with three justices each; these first nine justices were appointed by the Governor. Each district was assigned an ordinal number. In 1966, the word "district" was dropped from the official names of the courts of appeal by another constitutional amendment which extensively revised the sections governing the state judiciary; this left Florida as the sole state in the United States with "District Courts of Appeal." Since each of the courts of appeal has been named as "the Court of Appeal of the State of California" for a particular numb
Judiciary of California
The Judiciary of California is defined under the California Constitution and regulations as part of the Government of California. The judiciary has a hierarchical structure with the Supreme Court at the apex, California courts of appeal as the primary appellate courts, the California superior courts as the primary trial courts, its administration is effected by the Judicial Council and its staff, as well as the autonomous courts. California uses a modified Missouri Plan method of appointing judges, whereby judges are nominally elected at the superior court level and appointed at higher levels, are subject to retention elections; the judicial system of California is the largest in the United States, staffed by professional law-trained judges. As of 2012, the state judiciary has more than 2,000 judicial officers that hear over 10 million cases each year In comparison, the federal judicial system has only about 840 judges. Although New York and Texas each technically have more judicial officers than California, a large number of them are not attorneys and have no formal legal training.
The judiciary has a hierarchical structure with the Supreme Court at the apex, courts of appeal as the primary appellate courts, the superior courts as the primary trial courts. The Supreme Court of California consists of the Chief Justice of California and six Associate Justices; the Court has original jurisdiction in a variety of cases, including habeas corpus proceedings, has the authority to review all the decisions of the California courts of appeal, as well as an automatic appeal for cases where the death penalty has been issued by the trial court. The Court deals with about 8,800 cases per year, although review is discretionary in most cases, it dismisses the vast majority of petitions without comment, it hears arguments and drafts full opinions for about 100 to 120 cases each year, of which about 20 are automatic death penalty appeals. The Supreme Court is headquartered in San Francisco, with branch offices in Los Angeles and Sacramento, it hears oral arguments each year in all three locations.
The California courts of appeal are the intermediate appellate courts. The state is geographically divided into six appellate districts, all published California appellate decisions are binding on all superior courts, regardless of appellate district; the First Appellate District in San Francisco, the Second District in Los Angeles, the Third District in Sacramento, the Fourth District in San Diego, the Fifth District in Fresno, the Sixth District in San Jose. The districts are further divided into 19 divisions sitting throughout the state at 9 locations, there are 105 justices serving on the Courts. Unlike the state supreme court, the courts of appeal have mandatory review jurisdiction under the informal legal tradition in common law countries that all litigants are entitled to at least one appeal. In practice, this works out to about 16,000 appeals per year. Under the common law, judicial opinions themselves have legal effect through the rule of stare decisis, but because of their crushing caseloads, the courts of appeal are permitted to take the shortcut of selecting only the best opinions for publication.
This way, they can draft opinions fast and dispose of the vast majority of cases, without worrying that they are accidentally making bad law. About 7% of their opinions are selected for publication and become part of California law. In California, the power of the intermediate courts of appeal over the superior courts is quite different from the power of the courts of appeals of the federal government over the federal district courts; the first Court of Appeal to rule on a new legal issue will bind all lower superior courts statewide. However, litigants in other appellate districts may still appeal a superior court's adverse ruling to their own Court of Appeal, which has the power to fashion a different rule; when such a conflict arises, all superior courts have the discretion to choose which rule they like until the California Supreme Court grants review and creates a single rule that binds all courts statewide. However, where a superior court lies within one of the appellate districts involved in such a conflict, it will follow the rule of its own Court of appeal.
The California superior courts are the superior courts with the general jurisdiction to hear and decide any civil or criminal action, not specially designated to be heard in some other court or before a governmental agency, like workers' compensation. As mandated by the California Constitution, each of the 58 counties in California has a superior court; the superior courts have appellate divisions which hear appeals from decisions of other superior court judges who heard and decided minor cases that would have been heard in inferior courts, such as infractions, "limited civil" actions. The Judicial Council of California is the rule-making arm of the judiciary of California. Pursuant to this role, they have adopted the California Rules of Court as their regulations; the Judicial Council's staff is responsible for implementing council policies. In addition, every court may make local rules for its own government and the government of its officers. Court business is conducted using the California Court Case Management System and other local court implementations.
Pursuant to comm
Tyler Technologies Inc. is a major public sector software company based in Plano, Texas. It is the largest software company in the United States, based on providing integrated software and technology services to the public sector — states, cities and school districts. Tyler Technologies has offices in 17 states and one in Toronto, Canada. Tyler Technologies was founded by Joseph F. McKinney in 1966 as Saturn Industries after buying three government companies from Ling-Temco-Vought. In 1968, the company acquired Tyler Pipe, a manufacturer of iron pipes, which became the company's main source of annual revenue. Tyler Pipe was renamed Tyler Corporation as a result of its success. In 1969, Saturn Industries was listed on the New York Stock Exchange. In 1970, the company changed its name to Tyler Corporation. Tyler Corporation entered the government software market in 1998. Tyler Corporation became Tyler Technologies in 1999. Since 1998, the company has acquired 32 other smaller public sector software companies: Business Resources Corporation in Minneapolis, MN and Interactive Computer Designs, Inc. in Lubbock, TX, The Software Group, Inc. in Plano, TX were acquired in 1998.
Eagle Computer Systems, Inc. in Eagle, CO, Micro Arizala Systems, Inc. in Ann Arbor, MI, Process Incorporated d/b/a Computer Center Software in Falmouth, ME, Gemini Systems, Cole Layer Trumble Company in Dayton, OH, were acquired in 1999. Eden Systems, Inc. in Renton, WA and GBF Information Systems in Portland, ME, were acquired in 2003. MazikUSA, Inc. in Park Ridge, IL and TACS, Inc. in Indianapolis, IN, were acquired in 2006. Advanced Data Systems, Inc. in Paramus, NJ, EDP Enterprises, Inc. in Longview, TX, Chandler Information Systems in Cameron, TX, were acquired in 2007. Versatrans in Latham, NY, Olympia Computing Company, Inc. in Olympia, WA, School Information Systems in St. Louis, MO, Inc. were acquired in 2008. PulseMark, LLC in St. Louis, MO, Assessment Evaluation Services, Inc. in San Diego, CA, Parker-Lowe & Associates in Ocracoke, NC, were acquired in 2009 Wiznet, Inc. in Delray Beach, FL, acquired in 2010 Yotta MVS Inc. in Kansas City, MO and Windsor Management Group in Tempe, AZ, were acquired in 2011.
Akanda Innovation, Inc. in Toronto, Canada, UniFund, LLC in Nashua, NH, Computer Software Associates, Inc. in Billings, MT, EnerGov Solutions in Duluth, GA, were acquired in 2012 SoftCode, Inc. in Marlborough, MA, acquired in 2014 Brazos Technology Corporation in College Station, TX and New World Systems in Troy, MI, were acquired in 2015. ExecuTime Software, LLC in Tulsa, OK, acquired in 2016. Modria Inc. in San Jose, CA, Digital Health Department, Inc. in Charlotte, NC, Radio 10-33 in Plymouth, MN were acquired in 2017. Socrata in Seattle, WA, Sage Data Security, LLC in Portland, ME, CaseloadPro in Modesto, CA, MobileEyes of Troy, MI and Atlanta, GA, SceneDoc in Mississauga, ON, were acquired in 2018. MicroPact in Herndon, VA, MyCivic in Seal Beach, CA, were acquired in 2019 The company's public sector software includes six categories: appraisal and tax software and services, integrated software for courts and justice agencies, enterprise financial software systems, planning/regulatory/maintenance software, public safety software, records/document management software solutions and transportation software solutions for schools
California is a state in the Pacific Region of the United States. With 39.6 million residents, California is the most populous U. S. the third-largest by area. The state capital is Sacramento; the Greater Los Angeles Area and the San Francisco Bay Area are the nation's second and fifth most populous urban regions, with 18.7 million and 9.7 million residents respectively. Los Angeles is California's most populous city, the country's second most populous, after New York City. California has the nation's most populous county, Los Angeles County, its largest county by area, San Bernardino County; the City and County of San Francisco is both the country's second-most densely populated major city after New York City and the fifth-most densely populated county, behind only four of the five New York City boroughs. California's $3.0 trillion economy is larger than that of any other state, larger than those of Texas and Florida combined, the largest sub-national economy in the world. If it were a country, California would be the 5th largest economy in the world, the 36th most populous as of 2017.
The Greater Los Angeles Area and the San Francisco Bay Area are the nation's second- and third-largest urban economies, after the New York metropolitan area. The San Francisco Bay Area PSA had the nation's highest GDP per capita in 2017 among large PSAs, is home to three of the world's ten largest companies by market capitalization and four of the world's ten richest people. California is considered a global trendsetter in popular culture, innovation and politics, it is considered the origin of the American film industry, the hippie counterculture, fast food, the Internet, the personal computer, among others. The San Francisco Bay Area and the Greater Los Angeles Area are seen as global centers of the technology and entertainment industries, respectively. California has a diverse economy: 58% of the state's economy is centered on finance, real estate services and professional, scientific and technical business services. Although it accounts for only 1.5% of the state's economy, California's agriculture industry has the highest output of any U.
S. state. California is bordered by Oregon to the north and Arizona to the east, the Mexican state of Baja California to the south; the state's diverse geography ranges from the Pacific Coast in the west to the Sierra Nevada mountain range in the east, from the redwood–Douglas fir forests in the northwest to the Mojave Desert in the southeast. The Central Valley, a major agricultural area, dominates the state's center. Although California is well-known for its warm Mediterranean climate, the large size of the state results in climates that vary from moist temperate rainforest in the north to arid desert in the interior, as well as snowy alpine in the mountains. Over time and wildfires have become more pervasive features. What is now California was first settled by various Native Californian tribes before being explored by a number of European expeditions during the 16th and 17th centuries; the Spanish Empire claimed it as part of Alta California in their New Spain colony. The area became a part of Mexico in 1821 following its successful war for independence but was ceded to the United States in 1848 after the Mexican–American War.
The western portion of Alta California was organized and admitted as the 31st state on September 9, 1850. The California Gold Rush starting in 1848 led to dramatic social and demographic changes, with large-scale emigration from the east and abroad with an accompanying economic boom; the word California referred to the Baja California Peninsula of Mexico. The name derived from the mythical island California in the fictional story of Queen Calafia, as recorded in a 1510 work The Adventures of Esplandián by Garci Rodríguez de Montalvo; this work was the fifth in a popular Spanish chivalric romance series that began with Amadis de Gaula. Queen Calafia's kingdom was said to be a remote land rich in gold and pearls, inhabited by beautiful black women who wore gold armor and lived like Amazons, as well as griffins and other strange beasts. In the fictional paradise, the ruler Queen Calafia fought alongside Muslims and her name may have been chosen to echo the title of a Muslim leader, the Caliph. It's possible.
Know ye that at the right hand of the Indies there is an island called California close to that part of the Terrestrial Paradise, inhabited by black women without a single man among them, they lived in the manner of Amazons. They were robust of body with great virtue; the island itself is one of the wildest in the world on account of the craggy rocks. Shortened forms of the state's name include CA, Cal. Calif. and US-CA. Settled by successive waves of arrivals during the last 10,000 years, California was one of the most culturally and linguistically diverse areas in pre-Columbian North America. Various estimates of the native population range from 100,000 to 300,000; the Indigenous peoples of California included more than 70 distinct groups of Native Americans, ranging from large, settled populations living on the coast to groups in the interior. California groups were diverse in their political organization with bands, villages, on the resource-rich coasts, large chiefdoms, such as the Chumash and Salinan.
Trade, intermarriage a
Law of the United States
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, case law originating from the federal judiciary; the United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U. S. in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual-sovereign system of American federalism, states are the plenary sovereigns, each with their own constitution, while the federal sovereign possesses only the limited supreme authority enumerated in the Constitution.
Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe on any federal constitutional rights. Thus, most U. S. law consists of state law, which can and does vary from one state to the next. At both the federal and state levels, with the exception of the state of Louisiana, the law of the United States is derived from the common law system of English law, in force at the time of the American Revolutionary War. However, American law has diverged from its English ancestor both in terms of substance and procedure, has incorporated a number of civil law innovations. In the United States, the law is derived from five sources: constitutional law, statutory law, administrative regulations, the common law. Where Congress enacts a statute that conflicts with the Constitution, state or federal courts may rule that law to be unconstitutional and declare it invalid. Notably, a statute does not automatically disappear because it has been found unconstitutional.
Many federal and state statutes have remained on the books for decades after they were ruled to be unconstitutional. However, under the principle of stare decisis, no sensible lower court will enforce an unconstitutional statute, any court that does so will be reversed by the Supreme Court. Conversely, any court that refuses to enforce a constitutional statute will risk reversal by the Supreme Court. Commonwealth countries are heirs to the common law legal tradition of English law. Certain practices traditionally allowed under English common law were expressly outlawed by the Constitution, such as bills of attainder.</ref> and general search rrts. As common law courts, U. S. courts have inherited the principle of stare decisis. American judges, like common law judges elsewhere, not only apply the law, they make the law, to the extent that their decisions in the cases before them become precedent for decisions in future cases; the actual substance of English law was formally "received" into the United States in several ways.
First, all U. S. states except Louisiana have enacted "reception statutes" which state that the common law of England is the law of the state to the extent that it is not repugnant to domestic law or indigenous conditions. Some reception statutes impose a specific cutoff date for reception, such as the date of a colony's founding, while others are deliberately vague. Thus, contemporary U. S. courts cite pre-Revolution cases when discussing the evolution of an ancient judge-made common law principle into its modern form, such as the heightened duty of care traditionally imposed upon common carriers. Second, a small number of important British statutes in effect at the time of the Revolution have been independently reenacted by U. S. states. Two examples are the Statute of 13 Elizabeth; such English statutes are still cited in contemporary American cases interpreting their modern American descendants. Despite the presence of reception statutes, much of contemporary American common law has diverged from English common law.
Although the courts of the various Commonwealth nations are influenced by each other's rulings, American courts follow post-Revolution Commonwealth rulings unless there is no American ruling on point, the facts and law at issue are nearly identical, the reasoning is persuasive. Early on, American courts after the Revolution did cite contemporary English cases, because appellate decisions from many American courts were not reported until the mid-19th century. Lawyers and judges used English legal materials to fill the gap. Citations to English decisions disappeared during the 19th century as American courts developed their own principles to resolve the legal problems of the American people; the number of published volumes of American reports soared from eighteen in 1810 to over 8,000 by 1910. By 1879 one of the delegates to the California constitutional convention was complaining: "Now, when we require them to state the reasons for a decision, we do not mean they shall write a hundred pages of detail.
We not mean that they shall include the small cases, impose on the country all this fine judici
Supreme Court of California
The Supreme Court of California is the highest and final court in the courts of the State of California. It resides in the State Building in San Francisco in Civic Center overlooking Civic Center Square along with City Hall, it holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts. Under the original 1849 California Constitution, the Court started with a chief justice and two associate justices; the Court was expanded to five justices in 1862. Under the current 1879 constitution, the Court expanded to six associate justices and one chief justice, for the current total of seven; the justices are subject to retention elections. According to the California Constitution, to be considered for appointment, as with any California judge, a person must be an attorney admitted to practice in California or have served as a judge of a California court for 10 years preceding the appointment. To fill a vacant position, the Governor must first submit a candidate's name to the Commission on Judicial Nominees Evaluation of the State Bar of California, which prepares and returns a thorough, confidential evaluation of the candidate.
Next, the Governor nominates the candidate, who must be evaluated by the Commission on Judicial Appointments, which consists of the Chief Justice of California, the Attorney General of California, a senior presiding justice of the California Courts of Appeal. The Commission holds a public hearing and if satisfied with the nominee's qualifications, confirms the nomination; the nominee can immediately fill an existing vacancy, or replace a departing justice at the beginning of the next judicial term. If a nominee is confirmed to fill a vacancy that arose partway through a judicial term, the justice must stand for retention during the next gubernatorial election. Voters determine whether to retain the justice for the remainder of the judicial term. At the term's conclusion, justices must again undergo a statewide retention election for a full 12-year term. If a majority votes "no," the seat may be filled by the Governor; the electorate has exercised the power not to retain justices. Chief Justice Rose Bird and Associate Justices Cruz Reynoso and Joseph Grodin were staunchly opposed to capital punishment and were subsequently removed in the 1986 general election.
Newly reelected Governor George Deukmejian was able to elevate Associate Justice Malcolm M. Lucas to Chief Justice and appoint three new associate justices. Four current justices were appointed by three by Republicans. There is one Filipino-American justice, one Hispanic, one African-American, two East Asian-American justices, two non-Hispanic white justices; the justices do not publicly discuss their religious views or affiliations. One justice earned an undergraduate degree from a University of California school, four from private universities in California, two from out-of-state private universities. Two justices earned their law degrees from a University of California law school, one from a law school at a California private university, four from law schools at out-of-state private universities; the most recent addition to the court is Associate Justice Joshua Groban, replacing Associate Justice Kathryn M. Werdegar, who retired on August 31, 2017. Governor Jerry Brown nominated Groban on November 14, 2018.
He joined the court when it reconvened on January 8. Between 1879 and 1966, the court was divided into two three-justice panels, Department One and Department Two; the chief justice divided cases evenly between the panels and decided which cases would be heard en banc by the Court sitting as a whole. After a constitutional amendment in 1966, the Court sits "in bank" when hearing all appeals; when there is an open seat on the court, or if a justice recuses himself or herself on a given case, justices from the California Courts of Appeal are assigned by the chief justice to join the court for individual cases on a rotational basis. The procedure for when all justices recuse themselves from a case has varied over time. For a 1992 case, the chief justice requested the presiding justice of a Court of Appeal district to select six other Court of Appeal justices from his district, they formed an acting Supreme Court for the purpose of deciding that one case. However, in a case where all members of the Court recused themselves when Governor Schwarzenegger sought a writ of mandate, seven justices of the Courts of Appeal were selected based on the regular rotational basis, not from the same district, with the most senior one serving as the acting chief justice, that acting supreme court denied the writ petition.
In a yet more recent case where all members of the Court recused themselves on a petition for review by retired Court of Appeal justices on a matter involving those justices' salaries, the Court ordered that six superior court judges be selected from the pool that took office after July 1, 2017 to serve as the substitute justices for the six sitting justices, with the senior judge among that group serving as the acting Chief Justice.