Introduction and Purpose When multiple parties are sued for the same harm, California law encourages settlements while ensuring fairness to all defendants. A “good faith” settlement determination under Code of Civil Procedure § 877.6 allows one defendant to settle with the plaintiff and be protected from contribution or indemnity claims by other defendants, provided the courtContinueContinue reading “Determining Good Faith Settlements under California CCP § 877.6(a)(2).”
Tag Archives: law
Causation in U.S. Tort Law: Actual Cause and Proximate Cause
Introduction In American tort law, causation is a fundamental element that must be established for a plaintiff to recover damages. Causation has two distinct aspects: actual cause (also known as cause-in-fact or factual cause) and proximate cause (also called legal cause or scope of liability). Actual cause is the factual link between the defendant’s conductContinueContinue reading “Causation in U.S. Tort Law: Actual Cause and Proximate Cause”
Service of Pleadings in California – Requirements and Methods
Introduction: In California, service of pleadings means delivering court documents (e.g. a complaint, answer, motion) to other parties in a legally prescribed manner. Proper service is fundamental to due process – it ensures each party receives notice of the case or filing. California’s rules vary by case type (civil, family, small claims, etc.) and byContinueContinue reading “Service of Pleadings in California – Requirements and Methods”
A link to the official PDF of the Standing Rock Sioux Tribe (“SRST”) Family Code (Title V)
Here is a link to the official PDF of the Standing Rock Sioux Tribe (“SRST”) Family Code (Title V) plus an annotated Table of Contents I’ve drafted, so you can navigate it efficiently and see recent revisions of note. PDF of Family Code (Title V) – Family Code: [“Title V – (5) Family Code”] →ContinueContinue reading “A link to the official PDF of the Standing Rock Sioux Tribe (“SRST”) Family Code (Title V)”
A summary of key provisions of the family law of the Standing Rock Sioux Tribe (SRST)
A summary of key provisions of the family law of the Standing Rock Sioux Tribe (SRST), based primarily on Title V – Family Code and related Tribal Code sections. Overview The Family Code gives the Tribal Court jurisdiction over domestic relations matters among tribe members (and in some cases non-members) under the Tribe’s laws. StandingContinueContinue reading “A summary of key provisions of the family law of the Standing Rock Sioux Tribe (SRST)”
In the United States, due process is guaranteed by the 5th Amendment.
In the United States, due process is guaranteed by the 5th Amendment (applies to the federal government) and the 14th Amendment (applies to the states). It has two main branches: procedural due process and substantive due process. Here are the core elements: 1. Procedural Due Process Procedural due process is about fair procedures before theContinueContinue reading “In the United States, due process is guaranteed by the 5th Amendment.”
Enforceability of Attorney-Client Fee Agreements in U.S. and North Dakota Law.
General Rule and Judicial Scrutiny of Fee Agreements Attorney fee agreements (whether contingency fees, hourly billing contracts, flat fees, or hybrids) are generally treated as contracts, but they are subject to special scrutiny by courts. Courts in the United States recognize a lawyer’s fiduciary duty to the client and the public interest in fair legalContinueContinue reading “Enforceability of Attorney-Client Fee Agreements in U.S. and North Dakota Law.”
Confidential Marital Communications Under California Law.
Introduction California law recognizes two distinct marital privileges: (1) the spousal testimony privilege, which allows a spouse to refuse to testify against the other spouse, and (2) the confidential marital communications privilege, which protects private communications made between spouses during marriage. These privileges, codified in the California Evidence Code, reflect a policy of protecting maritalContinueContinue reading “Confidential Marital Communications Under California Law.”
Discovery in California Civil Cases (State and Federal Rules).
Introduction: In civil litigation, discovery is the process by which parties exchange information and evidence before trial. California law (the Civil Discovery Act in the Code of Civil Procedure) and the Federal Rules of Civil Procedure both provide broad rights to obtain evidence from the opposing side. This article explains California’s discovery rules (with referencesContinueContinue reading “Discovery in California Civil Cases (State and Federal Rules).”
Discovery in California Civil Litigation: A How-To Guide for Legal Professionals.
Discovery is the process by which parties in a civil lawsuit exchange information and evidence before trial. In California state courts, discovery is governed by Code of Civil Procedure (CCP) §§ 2016.010–2036.050 and includes tools such as depositions, interrogatories, requests for production of documents, requests for admission, subpoenas, and medical examinations. Unlike federal court, CaliforniaContinueContinue reading “Discovery in California Civil Litigation: A How-To Guide for Legal Professionals.”
Overview of Civil Legal Issues and Research Strategies in U.S. Civil Litigation.
Civil law in the United States covers a broad range of non-criminal disputes between individuals, businesses, or other entities. This report first outlines the main categories of civil legal issues – including contracts, torts, property, family matters, and others – and then explains how to conduct legal research for civil litigation. It covers methods forContinueContinue reading “Overview of Civil Legal Issues and Research Strategies in U.S. Civil Litigation.”
A Guide to Effective Legal Research in the United States.
Legal research is the process of finding and assembling legal authorities (cases, statutes, regulations, etc.) that bear on a question of law. Mastering this process is essential for both law students and practicing attorneys. Solid research skills are “crucial to crafting a winning argument,” so whether you are a new law student or a seasonedContinueContinue reading “A Guide to Effective Legal Research in the United States.”
What is a case brief.
A case brief is a concise summary of a court opinion. It’s a key tool for legal analysis, particularly useful for law students, attorneys, and legal researchers. Here’s how to write one, with each standard section explained: Structure of a Case Brief 1. Case Name and Citation Example: Marbury v. Madison, 5 U.S. (1 Cranch)ContinueContinue reading “What is a case brief.”
California Law on Service of Pleadings in Civil, Criminal, Family, and Probate Cases.
Introduction: In California, serving pleadings and other legal papers is a critical step in every case. “Service” refers to delivering court documents to the required parties (and filing them with the court) in a manner prescribed by law. The rules vary depending on the type of case (civil, criminal, family, probate) and whether the documentContinueContinue reading “California Law on Service of Pleadings in Civil, Criminal, Family, and Probate Cases.”
Official vs. Individual Capacity – What It Means.
When you sue a public officer, you must decide whether to name them in their official capacity or individual capacity (or both). In an official-capacity suit, the officer is sued as a representative of the government (e.g. the state, city or agency). It is “another way of suing” the government itself. Any damages judgment inContinueContinue reading “Official vs. Individual Capacity – What It Means.”
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