CONSTITUTIONAL AMENDMENTS,
CALIFORNIA RULES OF COURT,
& LEGAL DEFINITIONS

 

Constitutional Amendments:

Section 1 of the Fourteenth Amendment to the United States Constitution provides, in pertinent part that "[n]o State shall . . . deny to any person within its jurisdiction the equal protection of the laws."

 

California Rules of Court:

  1. Rule 976 of the California Rules of Court provides, in pertinent part:

    1. "[Supreme Court] All opinions of the Supreme Court shall be published in the Official Reports.

    2. "[Standards for publication of opinions of other courts] No opinion of a Court of Appeal or an appellate department of the superior court may be published in the Official Reports unless the opinion:

      1. "establishes a new rule of law, applies an existing rule to a set of facts significantly different from those stated in published opinions, or modifies, or criticizes with reasons given, an existing rule;

      2. "resolves or creates an apparent conflict in the law;

      3. "involves a legal issue of continuing public interest; or

      4. "makes a significant contribution of legal literature by reviewing either the development of a common law rule or the legislative or judicial history of a provision of a constitution, statute, or other written law.

    3. "[Publication procedure]

      1. [Courts of Appeal and appellate departments] An opinion of a Court of Appeal or an appellate department of the superior court shall be published if a majority of the court rendering the opinion certifies, prior to the decision's finality in that court, that it meets one or more of the standards of subdivision (b).

      2. [Supreme Court] An opinion certified for publication shall not be published, and an opinion not so certified shall be published, on an order of the Supreme Court to that effect."

  2. Rule 977 of the California Rules of Court provides, in pertinent part:

    1. "[Unpublished opinions] An opinion of a Court of Appeal or an appellate department of the superior court that is not certified for publication or ordered published shall not be cited or relied on by a court or a party in any other action or proceeding except as provided in subdivision (b).

    2. "[Exceptions] Such an opinion may be cited or relied upon:

      1. "when the opinion is relevant under the doctrines of law of the case, res judicata, or collateral estoppel; or

      2. "when the opinion is relevant to a criminal or disciplinary action or proceeding because it states reasons for a decision affecting the same defendant or respondent in another such action or proceeding.

  3. Rule 978 of the California Rules of Court provides, in pertinent part:

    1. "[Request procedure; action by court rendering opinion] A request by any person for publication of an opinion not certified for publication may be made only to the court that rendered the opinion. The request shall be made promptly by a letter stating the nature of the person's interest and stating concisely why the opinion meets one or more of the publication standards. The request shall be accompanied by proof of its service on each party to the action or proceeding in the Court of Appeal. If the court does not, or by reason of the decision's finality as to that court cannot, grant the request, the court shall transmit the request and a copy of the opinion to the Supreme Court with its recommendation for disposition and a brief statement of its reasons. The transmitting court shall also send a copy of its recommendation and reasons to each party and to any person who has requested publication.

    2. "[Action by Supreme Court] When a request for publication is received by the Supreme Court pursuant to subdivision (a), the court shall either order the opinion published or deny the request. The court shall send notice of its action to the transmitting court, each party, and any person who has requested publication.

  4. Rule 979. Requesting Depublication of Published Opinions

    1. [Request Procedure] A request by any person for the depublication of an opinion certified for publication shall be made by letter to the Supreme Court within 30 days after the decision becomes final as to the Court of Appeal. Any request for depublication shall be accompanied by proof of mailing to the Court of Appeal and proof of service to each party to the action of proceeding. The request shall state concisely reason why the opinion should not remain published and shall not exceed 10 pages.

    2. [Response] The Court of Appeal or any person may, within 10 days after receipt by the Supreme Court of a request for depublication, submit a response, either joining in the request or stating concisely reason why the opinion should remain published. Any response shall not exceed 10 pages and shall be accompanied by proof of mailing to the Court of Appeal, and proof of service to each party to the action or proceeding, and person requesting depublication.

    3. [Action by Supreme Court] When a request for depublication is received by the Supreme Court pursuant to subdivision (a), the court shall either order the opinion depublished or deny the request. The court shall send notice of its action to the Court of Appeal, each party, and any person who has requested depublication.

    4. [Limitation] Nothing in this rule limits the court's power, on its own motion, to order an opinion depublished.

    5. [Effect of Supreme Court Order for Depublication] An order of the Supreme Court directing depublication of an opinion in the Official Reports shall not be deemed an expression of opinion of the Supreme Court of the correctness of the result reached by the decision or of any of the law set forth in the opinion. Adopted July 1, 1990.

 

Legal Definitions:

  1. Common Law

    "…the common law comprises the body of those principles and rules of action, relating to the government and security of persons and property, which derive their authority solely from usages and customs of immemorial antiquity, or from the judgments and decrees of the courts recognizing, affirming, and enforcing such usages and customs; and, in this sense, particularly the ancient unwritten law of England."

     

  2. Stare Decisis

    "Doctrine that, when a court has once laid down a principle of law as applicable to a certain set of facts, it will adhere to that principle, and apply it to all future cases, where the facts are substantially the same; regardless of whether the parties and properties are the same."