California Code is 29 legal codes passed by the California State Legislature, which together constitute California's common law laws. The official code is administered by the California Legislative Counsel for the Legislature.
Video California Codes
The code currently applies
29 The current California Code is as follows:
Maps California Codes
Code revoked
The following code has been revoked:
Affects other places
The California Code is influential in a number of other US jurisdictions, notably Puerto Rico. For example, on March 1, 1901, Puerto Rico enacted the Criminal Code and the Criminal Procedure Code that was modeled after the California Criminal Code, and on 10 March 1904, he enacted the Civil Code Law Code which was made after the Civil Code of California Procedure. Thus, California law cases that interpret these codes are treated as persuasive authorities in Puerto Rico.
In 1941, the Puerto Rican Legislative Assembly joined the national movement towards the transfer of civil procedure and the law of proof into a system of rules passed by the courts, then abolished the judicial power to disseminate the rules in 1946, then returned them in 1952 (depending on the right of the legislature to amend the rule of justice before it is enacted). Finally, after much of its contents have been replaced by the Civil Procedure Rules and the Rules of Evidence, much of the Puerto Rico Civil Code is deemed obsolete and therefore revoked. However, although the Puerto Rican Criminal Code experienced extensive recodification and recalculation in 1974, many parts still have a strong resemblance to their California families.
The Code of Guam, which was implemented in 1933 by Governor George A. Alexander, was modeled after California Codes. Thus, the Guam courts look to California law cases to assist them with the interpretation of the Guam Code.
History
In 1868, the California Legislature endorsed the first of many ad hoc Code Commissions to begin the process of codifying California laws. Each Commission Code is a temporary agent one or two years closed at the end of the period authorized or re-authorized and rolled over to the next period; thus, within a few years there is no Commission Code. The first four codes enacted in 1872 were the Civil Code, the Civil Procedure Code, the Criminal Code, and the Political Code (which later became the Electoral Code). Statutes that do not fit into this category are left un codified in the California Statute.
The original Four California Code was not designed from scratch, but was largely adapted by the Code Commission of the code prepared for New York state by the great law reformer David Dudley Field II. As a result of the Gold Rush, many New York lawyers have migrated to California, including Field's sister, Stephen Johnson Field, who will eventually serve as California's fifth Supreme Court Justice before being appointed to the US Supreme Court. New York's strong influence on early California law began with the California Practice Act of 1851 (drafted with the help of Stephen Field), which is directly based on the New York Code of Civil Procedure of 1850 (Field Code). In turn, it is the California Practice Act that serves as the basis of the California Code of Civil Procedure. New York never passed the proposed civil or political laws of Field, and late in enacting proposed criminal and criminal laws only after California, but they were the basis of codes imposed by California in 1872.
As mentioned above, the four initial codes are not completely comprehensive. As a result, California law laws are becoming irregular as non-codified laws continue to accumulate in the California Statute. After years of on-and-off Code Commission, the California Code Commission was finally designated as a permanent governmental body in 1929. In its first report, the Commission declared: "California law law is in sad condition... the law of authors and publishers united in considering the country's worst legal laws. "To provide the new permanent incarnation staff of the Code Commission, the state legislature only appoints the Legislative Counsel of California as secretary of the Commission. Thus, as a practical matter, much of the real work is done by the assistant Legislative Advisor and then approved by the Code Commissioner.
The Commission spent the next 24 years analyzing the enormous legal entities in the California Statute and compiling almost any other code. In 1953, when the Code Commission completed the assigned task and issued its final report on September 1 of that year, 25 Codes then existed. That year, the Legislature replaced the Code Commission with the Revision Commission of the California Law. Since then, the CLRC has been tasked to regularly review the Code and propose various amendments to the Legislature. Much of this is a simple maintenance amendment to ensure that cross-referencing laws are updated properly to add new laws or eliminate any laws that no longer exist.
The latest code is the Family Code, which was separated from the Civil Code in 1994. Despite the Civil Code Code, there is no Criminal Procedure Code. In contrast, criminal procedures in California are codified in Section 2 of the Criminal Code, while Section 1 is devoted to substantive criminal law.
Interpretation
The code contains, or should only contain general law , with an emphasis on the word "general". The legislature also regularly implements other matters that are not general application laws, such as annual budget bills, bill designations for a specified period of time, actions that authorize purchases or disposals of land by state governments, and acts that authorize the issuance of bonds that end in automatically after repayment of bonds. The legislature also regularly approves resolutions to honor the achievement of various respected persons. Due to their limited application, all of those things do not fit into the Code.
The codes form an important part of California law. However, they should be read in combination with federal and state constitutions, federal and state law cases, and California Code Rules, to understand how they are actually interpreted and enforced in court. The Civil Code is very difficult to understand because the California Supreme Court has treated its parts like statements of ordinary law. In contrast, other codes, such as the Probate Code and the Evidence Code, are deemed to have completely disregarded the common law, which means that cases that interpret their provisions always try to give effect where possible for legislative purposes.
The state government does not publish an official set of Code. Four original codes were printed as separate state documents in 1872 (but not as part of the California Statute ), and were also published by commercial publishers in various versions, including as a set in 1872. In lieu of a set official, unofficial and annotated code widely available from private publishers. West published California Annotation West Code and LexisNexis published the Deering Annotated Code of Conduct . Although Deering's is much older, West is more popular than two annotated codes; is available throughout California in most public libraries, and is also available throughout the US in almost all major law libraries.
There are also some relatively small laws that have never been codified and are not included in the Legislative Counsel online copy, but may be must have been codified as they are common application laws. For example, certain initiative actions can not be codified by Legislative action because they were originally enforced by popular voting votes. Commission Report The last code on September 1, 1953 recommended that the law be published in an appendix to which code is most relevant and not grouped into separate volumes. Unformatted codes that are formatted include statutes either as attachments to codes that may have been codified, or in annotations to specific parts of the code; Deering's also prints an unmodified initiative action in a separate volume.
See also
- California Statute
- California Code Rule
References
External links
- California Legislative Counsel, "California Law Code Search".
- California Online Law Reference
Source of the article : Wikipedia
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