Law of California

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.

Sources of law

When deciding a case, courts in California may rely on both primary and secondary sources of legal authority. Primary sources create the law directly by promulgating binding rules that must be followed in California. Secondary sources influence the law indirectly by analyzing or explaining primary sources in order to clarify the current state of California law. California are obligated to follow primary sources of law when deciding cases, but they are free to disregard secondary sources if they disagree with them.

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 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 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. In addition, 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 the state of the law.

Law review

A law review (or law journal) is a scholarly journal focusing on legal issues, normally published by an organization of students at a law school or through a bar association. The term is also used to describe the extracurricular activity at law schools of publishing the journal.

Law reviews should not be confused with non-scholarly publications such as the New York Law Journal or The American Lawyer, which are independent, professional newspapers and news-magazines that cover the daily practice of law (see legal periodical).

Overview

The primary function of a law review is to publish scholarship in the field of law. Law reviews publish lengthy, comprehensive treatments of subjects ("articles"), generally written by law professors, judges, or legal practitioners, as well as shorter pieces, commonly called "notes" and "comments," written by law student "members" of the law review.

Law review articles often express the thinking of specialists or experts with regard to problems with current law and potential solutions to those problems. Historically, law review articles have been influential in the development of the law; they have been frequently cited as persuasive authority by the courts in the United States. For example, Justice Stanley Mosk of the Supreme Court of California admitted that he got the idea for market share liability from the Fordham Law Review article cited extensively in the Court's landmark decision in Sindell v. Abbott Laboratories (1980). However, in recent years, some have claimed that the traditional influence of law reviews is declining.

California

California (ⁱ/ˌkælᵻˈfɔːrnjə/ KAL-ə-FORN-yə, /ˌkælᵻˈfɔːrniə/ KAL-ə-FAWR-nee-ə) is a state located on the West Coast of the United States. It is the most populous U.S. state, with 39 million people, and the third largest state by area (after Alaska and Texas). California is bordered by Oregon to the north, Nevada to the east, Arizona to the southeast, and the Mexican state of Baja California to the south. It contains the nation's second most populous census statistical area (Greater Los Angeles Area) and the fifth most populous (San Francisco Bay Area), and eight of the nation's 50 most populated cities (Los Angeles, San Diego, San Jose, San Francisco, Fresno, Sacramento, Long Beach, and Oakland). Sacramento has been the state capital since 1854.

What is now California was first settled by various Native American tribes before being explored by a number of European expeditions during the 16th and 17th centuries. It was then claimed by the Spanish Empire as part of Alta California in the larger territory of New Spain. Alta California 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 as the State of California, which was admitted as the 31st state on September 9, 1850. The California Gold Rush starting in 1848 led to dramatic social and demographic change, with large-scale immigration from the east and abroad with an accompanying economic boom.

State Bar of California

The State Bar of California is California's official bar association. It is responsible for managing the admission of lawyers to the practice of law, investigating complaints of professional misconduct, and prescribing appropriate discipline. It is directly responsible to the Supreme Court of California. All attorney admissions and disbarments are issued as recommendations of the State Bar, which are then routinely ratified by the Supreme Court.

The State Bar was legally established on July 29, 1927, when the State Bar Act went into effect. Today, the State Bar of California is the largest state bar association in the United States, with 253,306 living members as of February 2015, of whom 183,763 are on active status. It is headquartered in San Francisco, with branch offices in Los Angeles and Sacramento.

Legal status

California is among the majority of American states that operate an integrated (mandatory) bar, in which the statewide bar association is integrated with the judiciary and active membership therein is required in order to practice law. Article 6, Section 9 of the California Constitution states:

Test (assessment)

A test or examination (informally, exam) is an assessment intended to measure a test-taker's knowledge, skill, aptitude, physical fitness, or classification in many other topics (e.g., beliefs). A test may be administered verbally, on paper, on a computer, or in a confined area that requires a test taker to physically perform a set of skills. Tests vary in style, rigor and requirements. For example, in a closed book test, a test taker is often required to rely upon memory to respond to specific items whereas in an open book test, a test taker may use one or more supplementary tools such as a reference book or calculator when responding to an item. A test may be administered formally or informally. An example of an informal test would be a reading test administered by a parent to a child. An example of a formal test would be a final examination administered by a teacher in a classroom or an I.Q. test administered by a psychologist in a clinic. Formal testing often results in a grade or a test score. A test score may be interpreted with regards to a norm or criterion, or occasionally both. The norm may be established independently, or by statistical analysis of a large number of participants.