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1 of 26 DOCUMENTS DEERING's CALIFORNIA CODES ANNOTATED
Page 1 1 of 26 DOCUMENTS DEERING'S CALIFORNIA CODES ANNOTATED Copyright (c) 2010 by Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved. *** THIS DOCUMENT IS CURRENT THROUGH 2009-2010 EXTRAORDINARY SESSIONS 1-5, *** 7, AND 8, AND URGENCY LEGISLATION THROUGH CH 713 OF THE 2010 REGULAR SESSION EVIDENCE CODE Division 10. Hearsay Evidence Chapter 2. Exceptions to the Hearsay Rule Article 3. Prior Statements of Witnesses GO TO CALIFORNIA CODES ARCHIVE DIRECTORY Cal Evid Code § 1236 (2010) § 1236. Prior consistent statement Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement is consistent with his testimony at the hearing and is offered in compliance with Section 791. HISTORY: Enacted Stats 1965 ch 299 § 2, operative January 1, 1967. NOTES: Law Revision Commission Comments: 1965 Under existing law, a prior statement of a witness that is consistent with his testimony at the trial is admissible under certain conditions when the credibility of the witness has been attacked. The statement is admitted, however, only to rehabilitate the witness--to support his credibility--and not as evidence of the truth of the matter stated. People v. Kynette, 15 Cal.2d 731, 753-754, 104 P.2d 794, 805-806 (1940) (overruled on other grounds in People v. Snyder, 50 Cal.2d 190, 197, 324 P.2d 1, 6 (1958)). Section 1236, however, permits a prior consistent statement of a witness to be used as substantive evidence if the statement is otherwise admissible under the rules relating to the rehabilitation of impeached witnesses. -
List of Abbreviations
List of Abbreviations A. C. Appeal Cases, English Law Reports, r8gr-. Aetas de las Sesiones Aetas de las Sesiones del Congreso Sud-Amer icano de Derecho Internacional Privado, Buenos Aires, r88g. Adl. Clem. Sammlung von Entscheidungen zum Handels gesetzbuch, zusammengestellt von Adler und Clemens, fortgesetzt von Friedlander (Austria). Ala. Alabama Reports. All E. R. All England Law Reports, Annotated. Allg. BGB. Allgemeines Biirgerliches Gesetzbuch (Aus- tria). Allg. HGB. Allgemeines Handelsgesetzbuch (Austria). All g. W echselord- Allgemeine Wechselordnung (Germany). nung A. L. R. American Law Reports, Annotated. Am. Dec. American Decisions ( Select Cases) . Am. J. Int. Law American Journal of International Law. Am. Jur. American Jurisprudence. San Francisco, New York, 1936-. Am. Marit. Cas. American Maritime Cases. Am. Rep. American Reports. Annales de Droit Annales de droit commercial et industriel Commercial fran~ais, etranger et international, fondees par M. E. Thaller, Paris, r887-. Ann. Cas. American Annotated Cases. Annuaire Annuaire de l'Institut de droit international. Annual Digest Annual Digest of Public International Law Cases, London. Annual Survey Annual Survey of American Law, New York University School of Law. Annuario Dir. Camp. Annuario di diritto comparato e di studi legis lativi. App. Cour d'appel; corti d'appello. App. Cas. Appeal Cases, English Law Reports, 1876- r8go. xxxi XXXll LIST OF ABBREVIATIONS App. D.C. Appeal Cases, District of Columbia. App. Div. New York Supreme Court, Appellate Division Reports. Arch. Civ. Prax. Archiv fiir die civilistische Praxis (Germany) . Arch. Jud. Archivo judiciario (Brazil). Ariz. Arizona Reports. Ark. Arkansas Reports. Asp. Marit. Cas. Aspinall's Maritime Cases. Atl. Atlantic Reporter, National Reporter System (United States). -
Defamation and the Internet: Scoping Study
Law Commission DEFAMATION AND THE INTERNET A Preliminary Investigation Scoping Study No 2 December 2002 The Law Commission was set up by the Law Commissions Act 1965 to promote the reform of the law. The Law Commissioners are: The Honourable Mr Justice Toulson, Chairman Professor Hugh Beale, QC Mr Stuart Bridge Professor Martin Partington, CBE Judge Alan Wilkie, QC The Secretary of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ. The paper was completed on 8 November 2002. This preliminary investigation is the second of two scoping studies, carried out in response to a request from the Lord Chancellor dated 31 January 2002.1 Comments may be sent to: David Willink Civil Law Development Division Lord Chancellor’s Department Southside 105 Victoria Street London SW1E 6QT email: [email protected] It would be helpful if, where possible, comments could be sent by email or email attachment, in any commonly used format. © Crown copyright 2002 1 The first study, Aspects of Defamation Procedure, was published in May 2002, and is available on the Internet at: http://www.lawcom.gov.uk. THE LAW COMMISSION DEFAMATION AND THE INTERNET: A PRELIMINARY INVESTIGATION CONTENTS Paragraph Page PART I: INTRODUCTION 1 The issues 1.4 1 ISP liability for other people’s material 1.5 1 The limitation period and online archives 1.6 2 Jurisdiction issues 1.8 2 Contempt of court 1.10 2 Summary of conclusions 1.11 2 Liability of internet service providers 1.12 2 Archives and -
Marital Rape: an Evaluation of the Patriarchal Injustice in the Criminal Law (Amendment) Act, 2013
Christ University Law Journal, 3, 2 (2014), 97-112 ISSN 2278-4322|doi.org/10.12728/culj.5.6 Marital Rape: An Evaluation of the Patriarchal Injustice in the Criminal Law (Amendment) Act, 2013 Shivika Choudhary* Abstract The traditional belief that marriage provides a husband with sole rights over his wife, thereby exempting him from any prosecution for raping his wife, has been the justification for denying a woman the right to consent to sexual intercourse in marriage. Unfortunately, this belief has been a source of subjugation and exploitation of women at the behest of their husbands. Despite recommendations to revoke it, the Criminal Law (Amendment) Act, 2013 has retained the marital exception. The purpose of this article is to examine this dichotomy in the Criminal Law (Amendment) Act, 2013 that punishes rape as such, but does not penalise a husband raping his wife of fifteen years or above. Employing doctrinal method of research, this article analyses the various discrepancies and ambiguities in the Act of 2013 that perpetuate this culture of oppression and violence. Consent is the antithesis to rape. Thus, having examined the need for a married woman‟s right to consent, this note examines the ensuing lacunae that grant legal sanction to child marriages, create an unexplained discrepancy in the punishment for rape, and create variations in the age of consent and the age for availing exception. The recognition of marital rape when spouses live separately and not otherwise appears to be a mysterious distinction. Further, treatment of marital rape * Doctoral Research Scholar (Legal Studies), South Asian University, New Delhi; [email protected]. -
Escs and the Ohio Revised Code
ESCs and the Ohio Revised Code Statutory Requirements for ESCs This document highlights those sections of the Ohio Revised Code applicable to educational service centers (ESCs) and is intended to serve as a resource tool for OESCA Membership. This document is for informational purposes only and serves as a guidance tool for the OESCA Membership. OESCA accepts no liability for the consequences of any actions taken on the basis of the information provided herein. Before taking any actions related to information contained within this document, parties should consult legal counsel. Information was obtained from the Ohio Revised Code online through LaWriter ® at http://codes.ohio.gov/orc TABLE OF CONTENTS CODE DESCRIPTION PAGE CHAPTER 102: PUBLIC OFFICERS -- ETHICS 102.02 Financial disclosure statement filed with ethics commission. 10 - 15 102.09 Furnishing financial disclosure form to candidates. 16 CHAPTER 117: AUDITOR OF STATE 117.102 Auditor review of school health and safety inspection reports. 17 CHAPTER 121: STATE DEPARTMENTS 121.22 Public meetings – exceptions. 18 - 22 CHAPTER 133: UNIFORM PUBLIC SECURITIES LAW 133.07 Net indebtedness of county - certain securities not considered in 23 - 25 calculation. CHAPTER 135: UNIFORM DEPOSITORY ACT 135.04 Eligibility for state deposits - warrant clearance accounts. 26 - 27 135.12 Designating depositories biennially. 28 CHAPTER 2923: CONSPIRACY, ATTEMPT, AND COMPLICITY; WEAPONS CONTROL; CORRUPT ACTIVITY 2923.1212 Signage prohibiting concealed handguns. 29 - 30 CHAPTER 3301: DEPARTMENT OF EDUCATION 3301.07 State board of education - powers and duties. 31 - 33 3301.075 Purchase and lease of data processing services and equipment - Ohio 34 education computer network. 3301.0713 Education management information system advisory board. -
Statutory Rape: a Guide to State Laws and Reporting Requirements
Statutory Rape: A Guide to State Laws and Reporting Requirements Prepared for: Office of the Assistant Secretary for Planning and Evaluation, Department of Health and Human Services Prepared by: Asaph Glosser Karen Gardiner Mike Fishman The Lewin Group December 15, 2004 Acknowledgements Work on this project was funded by the Office of the Assistant Secretary for Planning and Evaluation in the U.S. Department of Health and Human Services under a contract to The Lewin Group. This report benefited greatly from the oversight and input of Jerry Silverman, the ASPE Project Officer. In addition, we would like to acknowledge the assistance of a number of reviewers. Sarah Brown, Eva Klain, and Brenda Rhodes Miller provided us with valuable guidance and insights into legal issues and the policy implications of the laws and reporting requirements. Their comments improved both the content and the organization of the paper. At The Lewin Group, Shauna Brodsky reviewed drafts and provided helpful comments. The Authors Table of Contents I. EXECUTIVE SUMMARY ..........................................................................................................ES-1 A. Background...........................................................................................................................ES-1 1. Criminal Laws............................................................................................................... ES-1 2. Reporting Requirements............................................................................................. -
Village Officers Handbook
OHIO VILLAGE OFFICER’S HANDBOOK ____________________________________ March 2017 Dear Village Official: Public service is both an honor and challenge. In the current environment, service at the local level may be more challenging than ever before. This handbook is one small way my office seeks to assist you in meeting that challenge. To that end, this handbook is designed to be updated easily to ensure you have the latest information at your fingertips. Please feel free to forward questions, concerns or suggestions to my office so that the information we provide is accurate, timely and relevant. Of course, a manual of this nature is not to be confused with legal advice. Should you have concerns or questions of a legal nature, please consult your statutory legal counsel, the county prosecutor’s office or your private legal counsel, as appropriate. I understand the importance of local government and want to make sure we are serving you in ways that meet your needs and further our shared goals. If my office can be of further assistance, please let us know. I look forward to working with you as we face the unique challenges before us and deliver on our promises to the great citizens of Ohio. Thank you for your service. Sincerely, Dave Yost Auditor of State 88 East Broad Street, Fifth Floor, Columbus, Ohio 43215-3506 Phone: 614-466-4514 or 800-282-0370 Fax: 614-466-4490 www.ohioauditor.gov This page is intentionally left blank. Village Officer’s Handbook TABLE OF CONTENTS Chapter 1: Home Rule I. Definition ............................................................................................................................ 1-1 II. -
Wisconsin's Role in the Uniform Law Commission
LEGISLATIVE REFERENCE BUREAU Wisconsin’s Role in the Uniform Law Commission: 2021–22 Legislative Session Aaron Gary senior legislative attorney Alex Rosenberg legislative analyst WISCONSIN POLICY PROJECT • April 2021, Volume 4, Number 1 © 2021 Wisconsin Legislative Reference Bureau One East Main Street, Suite 200, Madison, Wisconsin 53703 http://legis.wisconsin.gov/lrb • 608-504-5801 This work is licensed under the Creative Commons Attribution 4.0 International License. To view a copy of this license, visit http://creativecommons.org/licenses/by/4.0/ or send a letter to Creative Commons, PO Box 1866, Mountain View, CA 94042, USA. Introduction The Uniform Law Commission1 (ULC), composed of state delegations and financially supported by the states, crafts legislation for potential enactment by state legislatures. The mission of the ULC is to create uniformity among the states in areas of law in which uniformity is desirable and practicable,2 such as those involving cross-border business transactions or the dissolution of marriages with spouses living in different states. To this end, ULC Commissioners research and draft proposed legislation and the ULC, through deliberative, formal proceedings resembling those of state legislatures, votes to adopt drafted proposals as “final acts” ready for state consideration. The ULC describes its work as providing states with “non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.”3 The quintessential uni- form law is the Uniform Commercial Code, developed to facilitate multistate commer- cial transactions by applying uniform rules for all of the transaction’s participants, wher- ever located. -
The Ohio Sunshine Act: an Appraisal
Texas A&M University School of Law Texas A&M Law Scholarship Faculty Scholarship 1-1982 The Ohio Sunshine Act: An Appraisal Frederic White Follow this and additional works at: https://scholarship.law.tamu.edu/facscholar Part of the Law Commons Recommended Citation Frederic White, The Ohio Sunshine Act: An Appraisal, 16 Akron L. Rev. 243 (1982). Available at: https://scholarship.law.tamu.edu/facscholar/545 This Article is brought to you for free and open access by Texas A&M Law Scholarship. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Texas A&M Law Scholarship. For more information, please contact [email protected]. THE OHIO "SUNSHINE" ACT: AN APPRAISAL by FREDERIC WHITE* T HE OHIO OPEN MEETINGS or "Sunshine" law has existed in its present form since November 28, 1975 [hereinafter the "Sunshine Law" or "The Act"].' So-called open meeting legislation is neither new or unique to Ohio. Indeed, every state has enacted one or more open meetings laws.2 This article will examine the Sunshine Law to determine whether it has served its purpose, that is, making the processes of government more accessible to the citizens of the state of Ohio, and suggest some changes to increase the effectiveness of the legislation. I. ACCESS TO GOVERNMENT It has been stated succinctly that "America's heritage of English law does not include open government." '3 Indeed, Parliament conducted its business in both houses behind closed doors. Although the original reason for this was said to be for the protection of -
Research Guide
Research Guide FINDING CASES I. HOW TO FIND A CASE WHEN YOU KNOW THE CITATION A. DECIPHERING LEGAL CITATIONS 1. CASE CITATIONS A case citation includes: the names of the parties, the volume number of the case reporter, the abbreviated name of the reporter, the page number where the case can be found, and the year of the decision. EXAMPLE: Reserve Insurance Co. v. Pisciotta, 30 Cal.3d 800 (1982). Reserve Insurance Co. v. Pisciotta = names of the parties 30 = volume number of the case reporter Cal. = abbreviated name of the case reporter, California Reports 3d = series number of the case reporter, California Reports 800 = page number of the case reporter (1982) = year of the decision 2. ABBREVIATIONS OF REPORTER NAMES The abbreviations used in citations can be deciphered by consulting: a. Prince’s Bieber Dictionary of Legal Abbreviations, 6th ed. (Ref. KF 246 .p74 2009) b. Black's Law Dictionary (Ref. KF 156 .B624 2009). This legal dictionary contains a table of abbreviations. Copies of Black's are located on dictionary stands throughout the library, as well as in the Reference Collection. 3. REPORTERS AND PARALLEL CITATIONS A case may be published in more than one reporter. Parallel citations indicate the different reporters publishing the same case. EXAMPLE: Reserve Insurance Co. v. Pisciotta, 30 Cal.3d 800, 180 Cal. Rptr. 628, 640 P.2d 764 (1982). 02/08/12 (Rev.) RG14 (OVER) This case will be found in three places: the "official" California Reports 3d (30 Cal. 3rd 800); and the two "unofficial" West reporters: the California Reporter (180 Cal. -
(Refs & Annos) Article I. Declaration of Ri
§ 28. Findings and declarations; rights of victims; enforcement, CA CONST Art. 1, § 28 KeyCite Yellow Flag - Negative Treatment Unconstitutional or PreemptedLimitation Recognized by People v. Robinson, Cal.App. 2 Dist., Sep. 28, 2011 West’s Annotated California Codes Constitution of the State of California 1879 (Refs & Annos) Article I. Declaration of Rights (Refs & Annos) West’s Ann.Cal.Const. Art. 1, § 28 § 28. Findings and declarations; rights of victims; enforcement Effective: November 5, 2008 Currentness <For Executive Order N-49-20 (2019 CA EO 49-20), relating to changes in the discharge and re-entry process at the Division of Juvenile Justice due to the COVID-19 pandemic, see Historical and Statutory Notes under Welfare and Institutions Code § 1766.> Sec. 28. (a) The People of the State of California find and declare all of the following: (1) Criminal activity has a serious impact on the citizens of California. The rights of victims of crime and their families in criminal prosecutions are a subject of grave statewide concern. (2) Victims of crime are entitled to have the criminal justice system view criminal acts as serious threats to the safety and welfare of the people of California. The enactment of comprehensive provisions and laws ensuring a bill of rights for victims of crime, including safeguards in the criminal justice system fully protecting those rights and ensuring that crime victims are treated with respect and dignity, is a matter of high public importance. California’s victims of crime are largely dependent upon the proper functioning of government, upon the criminal justice system and upon the expeditious enforcement of the rights of victims of crime described herein, in order to protect the public safety and to secure justice when the public safety has been compromised by criminal activity. -
Codification and the California Mentality Lewis Grossman
Hastings Law Journal Volume 45 | Issue 3 Article 7 1-1994 Codification and the California Mentality Lewis Grossman Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Lewis Grossman, Codification and the California Mentality, 45 Hastings L.J. 617 (1994). Available at: https://repository.uchastings.edu/hastings_law_journal/vol45/iss3/7 This Essay is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Essay Codification and the California Mentality by LEwIS GROSSMAN* Introduction: The Pomeroy Paradox On August 8, 1878, John Norton Pomeroy, the principal instruc- tor at the newly established Hastings College of Law in San Francisco, delivered the school's inaugural address. It was the culminating mo- ment of an exhilarating decade for California's legal profession. Six years earlier, in 1872, California had moved to the forefront of American legal reform by becoming one of the first states in the nation to codify its complete body of laws. The legislature had en- acted the California Code, which included new Civil, Criminal, and Political Codes, as well as a revised Code of Civil Procedure. Com- mittees of prominent attorneys had drafted the Code, basing it largely on the work of the illustrious New York jurist, David Dudley Field.' The centerpiece of the California Code was the Civil Code, which consolidated all of the state's statutory and common-law rules gov- erning private relations (corporations, property, torts, contracts, and domestic matters) into one meticulously arranged volume.2 Only * Associate, Covington & Burling, Washington, D.C.