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Special Motion To Strike
The special motion to strike is a motion authorized by the California Code of Civil Procedure intended to stop strategic lawsuits against public participation (SLAPPs). They were created in 1992 with the purpose of encouraging participation in matters of public significance. The motion allows a litigant to strike a complaint when it arises from conduct in furtherance of the moving party's rights to petition or free speech in connection with a public issue. If the moving party prevails, they are entitled to attorney's fees by right. The motion is codified in section 425.16 of the Code. More than 300 published court opinions have interpreted and applied California's anti-SLAPP law. Because the right to file a special motion to strike is substantive immunity to suit, rather than a merely procedural right, federal courts apply the law to state law claims they hear under diversity jurisdiction. The statute expressly applies to any writing or speech made in connection with an issue un ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Motion (law)
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge (or judges) to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion is the ''moving party'' or ''movant''. The party opposing the motion is the ''nonmoving party'' or ''nonmovant''. Process In the United States, as a general rule, courts do not have self-executing powers. In other words, in order for the court to rule on a contested issue in a case before it, one of the parties or a third party must raise an appropriate motion asking for a particular order. Some motions may be made in the form of an oral request in open court, which is then either summarily granted or denied orally by the court. This is still common with motions made during trial. Today, ho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Council Of California
The Judicial Council of California is the rule-making arm of the California court system. In accordance with the California Constitution and under the leadership of the Chief Justice of the Supreme Court of California, the council is responsible for "ensuring the consistent, independent, impartial, and accessible administration of justice." It was created by an amendment to article VI of the California Constitution in 1926. Rules The California Rules of Court are rules adopted by the Judicial Council. Every court may also make local rules for its own government and the government of its officers not inconsistent with law or with the rules adopted and prescribed by the Judicial Council. California law encourages the Judicial Council to provide for uniformity in rules and procedures throughout all courts on the form of papers, limitations on the filing of papers, rules relating to law and motion, and requirements concerning documents to be filed at or prior to trial.California ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Civil Liberties Union
The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million. The ACLU provides legal assistance in cases where it considers civil liberties at risk. Legal support from the ACLU can take the form of direct legal representation or preparation of ''amicus curiae'' brief (law), briefs expressing legal arguments when another law firm is already providing representation. In addition to representing persons and organizations in lawsuits, the ACLU lobbies for policy positions established by its board of directors. The ACLU's current positions include opposing the Capital punishment in the United States, death penalty; supporting Same-sex marriage in the United States, same-sex marriage and the LGBT adoption in the United States, right of LGBTQ+ people to adopt; supporting reproductive rights such as Birth c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Appellate Projects
The California appellate projects are 501(c)(3) non-profit legal corporations under a contract with the California Court of Appeal to provide legal services to indigent parties on appeal from criminal, delinquency, dependency and mental health judgments in their respective district. There are five appellate project corporations, of which the California Appellate Project operates a separate project, the California Appellate Project in San Francisco, to assist in death penalty cases. The appellate projects are as follows: * ThFirst District Appellate Project covering the First District. * ThCalifornia Appellate Project covering the Second District. ThCalifornia Appellate Project in San Francisco a part of the California Appellate Project, provides assistance to private counsel appointed by the California Supreme Court to represent indigent defendants who have been sentenced to death by a California superior court, and is considered a separate appellate project by the Judicial Counc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nonprofit Organization
A nonprofit organization (NPO), also known as a nonbusiness entity, nonprofit institution, not-for-profit organization, or simply a nonprofit, is a non-governmental (private) legal entity organized and operated for a collective, public, or social benefit, as opposed to an entity that operates as a business aiming to generate a Profit (accounting), profit for its owners. A nonprofit organization is subject to the non-distribution constraint: any revenues that exceed expenses must be committed to the organization's purpose, not taken by private parties. Depending on the local laws, charities are regularly organized as non-profits. A host of organizations may be non-profit, including some political organizations, schools, hospitals, business associations, churches, foundations, social clubs, and consumer cooperatives. Nonprofit entities may seek approval from governments to be Tax exemption, tax-exempt, and some may also qualify to receive tax-deductible contributions, but an enti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shield Law
A shield is a piece of personal armour held in the hand, which may or may not be strapped to the wrist or forearm. Shields are used to intercept specific attacks, whether from close-ranged weaponry like spears or long ranged projectiles such as arrows. They function as means of active blocks, as well as to provide passive protection by closing one or more lines of engagement during combat. Shields vary greatly in size and shape, ranging from large panels that protect the user's whole body to small models (such as the buckler) that were intended for hand-to-hand-combat use. Shields also vary a great deal in thickness; whereas some shields were made of relatively deep, absorbent, wooden planking to protect soldiers from the impact of spears and crossbow bolts, others were thinner and lighter and designed mainly for deflecting blade strikes (like the roromaraugi or qauata). Finally, shields vary greatly in shape, ranging in roundness to angularity, proportional length and w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Public Utilities Commission
The California Public Utilities Commission (CPUC or PUC) is a regulatory agency that regulates privately owned public utilities in the state of California, including electric power, telecommunications, natural gas and water companies. In addition, the CPUC regulates common carriers, including household goods movers, limousines, rideshare services (), self-driving cars, and rail crossing safety. The CPUC has headquarters in the Civic Center district of San Francisco, and field offices in Los Angeles and Sacramento. History On April 1, 1878, the California Office of the Commissioner of Transportation was created. During the 19th century, public concerns over the unbridled power of the Southern Pacific Railroad grew to the point that a three-member Railroad Commission was established, primarily to approve transportation prices. However, the Southern Pacific quickly dominated this commission to its advantage, and public outrage re-ignited. As experience with public regulation grew, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brown Act
The Ralph M. Brown Act is a California law that guarantees the public's right to attend and participate in meetings of local legislative bodies. Located at California Government Code 54950 ''et seq.'', it is an act of the California State Legislature, authored by Assemblymember Ralph M. Brown and passed in 1953. The Brown Act was enacted in response to mounting public concerns over informal, undisclosed meetings held by local elected officials. City councils, county boards, and other local government bodies were avoiding public scrutiny by holding secret "workshops" and "study sessions." The Brown Act applies to “local agencies,” meaning a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or any board, commission or agency thereof, or other local public agency. The Act has been interpreted to apply to email communication as well, leading to restrictions on the number of parties that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bagley-Keene Act
{{Short description, State legislation in California, US The Bagley-Keene Act of 1967, officially known as the Bagley-Keene Open Meeting Act, implements a provision of the California Constitution which declares that "the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny", and explicitly mandates open meetings for California State agencies, boards, and commissions. The act facilitates accountability and transparency of government activities and protects the rights of citizens to participate in State government deliberations. Similarly, California's Brown Act of 1953 protects citizen rights with regard to open meetings at the county and local government level. The act also reaffirms, "The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney General Of California
The attorney general of California is the state attorney general of the government of California. The officer must ensure that "the laws of the state are uniformly and adequately enforced" ( Constitution of California, Article V, Section 13). The California attorney general carries out the responsibilities of the office through the California Department of Justice. The department employs over 1,100 attorneys and 3,700 non-attorney employees. The California attorney general is elected to a four-year term, with a maximum of two terms. The election is held during the same statewide election for the governor and other state offices. Several attorneys general have gone on to higher office or office on the federal level, including the offices of governor, United States Senator, chief justice of the United States Supreme Court, and vice president of the United States. On March 24, 2021, Governor Gavin Newsom announced that he would be appointing Rob Bonta as attorney general to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Public Records Act
The California Public Records Act (Statutes of 1968, Chapter 1473; currently codified as Division 10 of Title 1 of the California Government Code) was a law passed by the California State Legislature and signed by governor Ronald Reagan in 1968 requiring inspection or disclosure of governmental records to the public upon request, unless exempted by law. The law is similar to the Freedom of Information Act, except that "the people have the right of access to information concerning the conduct of the people's business" is enshrined in Article 1 of the California Constitution due to California Proposition 59 (the Sunshine Amendment, 2004). Purpose When the legislature enacted CPRA, it expressly declared that "access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state." Indeed, in California "access to government records has been deemed a fundamental interest of citizenship" and has emphasized that "maxi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frivolous Litigation
Frivolous litigation is the use of legal processes with apparent disregard for the merit of one's own arguments. It includes presenting an argument with reason to know that it would certainly fail, or acting without a basic level of diligence in researching the relevant law and facts. That an argument was lost does not imply the argument was frivolous; a party may present an argument with a low chance of success, so long as it proceeds from applicable law. Frivolous litigation may be based on absurd legal theories, may involve a superabundance or repetition of motions or additional suits, may be uncivil or harassing to the court, or may claim extreme remedies. A claim or defense may be frivolous because it had no underlying justification in fact, or because it was not presented with an argument for a reasonable extension or reinterpretation of the law. A claim may be deemed frivolous because existing laws unequivocally prohibit such a claim, such as a Good Samaritan law. In ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
