...Court system of California is the largest systems about 12% of the U.S population are served. Major cases California courts starts in trail courts which are present in each and every 58 counties of California State. These courts hear criminal, civil, family, juvenile, probate, mental health and traffic cases. Before courts of appeal Supreme Court review most of the cases. Supreme Court is the highest Court in the California and reviews decisions of the court of appeal in order to solve the conflicts and settle the law questions. California Supreme Court has one Chief Justice and six Associate Justices. It has 7907 fillings and about eighty five written opinions. Each Justice is appointed by Governor. The decision of Supreme Court provides guidance for the lower courts which shows effects on the residents of California. Supreme Court has decisions to decide which decisions can be review but is definitely want to review all the cases where death penalty is imposed. Supreme Court can also review the decisions of state Bar of California regarding the suspension of judges for misconduct. All the decisions of Supreme Court are in the form of written and available for public. They are made accessible through websites and official reports. Supreme Court functions for the development of law which are applied by trial and appellate courts. Supreme Courts reviews cases which will enable it to settle legal questions and to see that the law is uniformly applied throughout the state. Normally...
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...Facts - Susan Jeske is a resident of Costa Mesa, California, she owns a registered trademark MS. AMERICA and has a website www.msamericapageant.com. Jeske conducts beauty pageants. Raven Fenmore also conducts beauty pageants and has a website www.ms-america.org, established in 2006. Fenmore's pageant Ms. Cont'l has a number of titles related to California. Participants can apply for the pageant through the website and pay through it. Fenmore's pageant are performed in Connecticut. Jeske is not sure if Fenmore solicited California residents to participate in the 2006 and 2007 Ms. Cont'l America pageant. Issue - Jeske sued Fenmore in California for trademark infringement. Fenmore asked the court to dismiss for lack of personal jurisdiction. Should the court consider Fenmore's motion to dismiss the case for lack of personal jurisdiction? Holding from the court - No The court denies Fenmore's motion to dismiss the case on grounds of lack of personal jurisdiction. Rationale - The court agrees that Fenmore's website was interactive and commercial. Interactive and commercial because it allowed the participants could download the form from the website and make payments in order to enroll. The site was definitely used for commercial operations. Whether these commercial operations were directed towards California was proved, as the pageant Ms. Cont'l had titles like Ms. Golden State and Ms. California Coast, which only California residents could participate in. Although the pageants...
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...hope said that even if the deceased was examined and treated with proper care, it would have been impossible to save his life. Cheerful finance suffered losses by Tang Partners mistake in inaccurately auditing Great investments accounts. Applying the “but for” test, Tang partner should be liable to compensate Cheerful finance for the loss they have suffered. However, there is another aspect to the issue is the reasonable reliance of cheerful finance in relying on the audited accounts prepared by Tang partners. Reasonable reliance is defined as what a judicious individual would accept and follow up on if told something by another. In Canadian Imperial Bank of Commerce v Deloitte & Touche (2015), Justice Perell of the Ontario Superior Court of justice said that the threat of uncertain obligation can be expelled when the accountant knows the identity of the person or group of persons who are sensibly depending on the information given by the accountant and the information was utilized for the reason for which the accountant prepared it for. Applying this to the case, Cheerful finance should not have relied on the audited account by Tang partners as it wasn’t prepared for Cheerful finance in their act of granting the loan to Great investments and that the identity of Cheerful finance was not known to...
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...MEMORANDUM To: Reader From: Date: Re: Can A State Court Exercise Personal Jurisdiction Over A Non-resident Summary of Facts Plaintiff, Froogle's action is based upon the claim that Mary, violated a signed agreement with Froogle. Froogle is a California company that provides internet search services. Mary is a resident of Vermont and a proprietor of a small business in Vermont specializing in the manufacture and sale of ski equipment to Vermont ski resorts. Two months after the signing of the contract, Froogle filed a lawsuit against Mary claiming that she violated the signed agreement. The lawsuit was filed in the Superior Court for the County of Monterey in Salinas, California. Mary claims that the California court does not have personal jurisdiction over her, because all her business dealings with Froogle were done online or via the telephone. Froogle claims that the California court has personal jurisdiction over Mary, because she knowingly did business with a California company. Issue: Can the California state court exercise personal jurisdiction over a non-resident who advertised on the internet? Rules: Pursuant to California Code of Civil Procedure section 410.10 (2014), "A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States." The court in Bancroft & Masters v. Augusta Nat'l, 223 F.3d 1082 (9th Cir. Cal. 2000), found that because ANI's contacts did not qualify...
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...MEMORANDUM To: Reader From: Date: Re: Can A State Court Exercise Personal Jurisdiction Over A Non-resident Summary of Facts Plaintiff, Froogle's action is based upon the claim that Mary, violated a signed agreement with Froogle. Froogle is a California company that provides internet search services. Mary is a resident of Vermont and a proprietor of a small business in Vermont specializing in the manufacture and sale of ski equipment to Vermont ski resorts. Two months after the signing of the contract, Froogle filed a lawsuit against Mary claiming that she violated the signed agreement. The lawsuit was filed in the Superior Court for the County of Monterey in Salinas, California. Mary claims that the California court does not have personal jurisdiction over her, because all her business dealings with Froogle were done online or via the telephone. Froogle claims that the California court has personal jurisdiction over Mary, because she knowingly did business with a California company. Issue: Can the California state court exercise personal jurisdiction over a non-resident who advertised on the internet? Rules: Pursuant to California Code of Civil Procedure section 410.10 (2014), "A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States." The court in Bancroft & Masters v. Augusta Nat'l, 223 F.3d 1082 (9th Cir. Cal. 2000), found that because ANI's contacts did not qualify as either...
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...signed a contract with Froogle that allows Mary’s business to advertise on Froogles search engine. Mary is aware that Froogles headquarters is in California. Mary has never done business or been in California. All business relating to Mary is done directly on the phone in Vermont or via the internet. Two months after Mary signed the contract Froogle alleges that Mary violated the agreement between the parties and files suit in Superior Court for the county of Monterey in Salinas, California. Mary claims that the California court has no personal jurisdiction over her. Froogle claims California does have jurisdiction over her because she knowingly did business with a California Company. The issue in this case is whether Mary, resident of Vermont who sells ski equipmentin Vermont and maintains a website, is subject to the personal jurisdiction of a California court even though she has never been to California, and has no contacts there. In Gourmet Video, Inc. v. Alpha Blue Archives, Inc., 2008 U.S. Dist. LEXIS 87645 (D.N.J. Oct. 29, 2008), The plaintiff in this case is a New Jersey copyright owner who sued the defendant for violating the copyright act by selling the material via their website based out of the Northern California district. The defendant argued that the venue was improper and moved to dismiss the complaint. The court found that the venue was proper. The Defendants were subject to personal jurisdiction of New Jersey because they had sufficient minimum contacts...
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...SANDRA ELMORE IN THE SUPERIOR COURT Plaintiff v. FOR MISSION, VALLEJO, CALIFORNIA Defendant CASE NO: 123456 Sandra Elmore, Plaintiff, by her attorney, sues the defendant, Mission and states as follow: Jurisdiction and Venue 1. Sandra Elmore , Plaintiff, is a resident of California. 2. Mission, Defendant, is a resident of California. 3. This action arises from an incident which occurred on April 29, 1962 in the state of California. 4. Jurisdiction and venue are proper according to rule 1.1 of the California state rules of Litigation. STATEMENT OF FACTS 5. On or about March 16, 1962, plaintiff Mrs. Sandra Elmore and her husband purchased a 1962 Rambler American station wagon from Mission. 6. The car was serviced by Mission after it had been driven about 1,500 miles. Subsequently, Mrs. Elmore noticed that the car was shimmying when she drove it between 60 and 65 miles per hour. 7. The accident occurred shortly after noon on April 29, 1962 a bright clear day. 8. Mrs. Elmore was driving in a southerly direction on a threelane road near Northridge at 45 miles per hour. 9. Something metal fell from the forward part of the vehicle and began to drag. 10. The car then began to fish tail. 11. Mrs. Elmore’s car was forced into the other lane and struck a moving vehicle. 12. Mrs. Elmore suffered head...
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...California’s People, Economy, and Politics: Yesterday, Today, and Tomorrow California has been known as “the Golden State” for many decades thanks to the Gold Rush, the birth of the Golden Gate Bridge, and more than a hundred years of continuously blooming growth. Even so, some say that the state has lost its shine over the years, and to many others the state’s politics seem unpredictable and turbulent. California’s economy has been plugged in recession since 2007 and the state has suffered severe budget deficits for over a decade. Meanwhile political leaders rise and fall unexpectedly, and special interest groups and wealthy leaders are constantly accused of buying the elections on their behalf. However, issues are more likely to be referred to the voters which are often confused among complex and (sometimes) obscure ballot measures. Moreover, some people say democracy has gone mad, and others agree that California is simply ungovernable. As tense and dysfunctional as California politics may appear, it seriously affects us all and it has to be understood by examining the past and present characteristics of the state starting with its constantly changing population and economy. The persistent implementation of new technologies and the never-ending arrival of immigrants, have transformed California’s economy and have made its society more diverse and multicultural. To understand the process of California today, we also have to comprehend the past about the evolution of the challenging...
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...Justin Stewart Stewart 1 Mrs. Rudd Language Arts 3b 2 February, 2012 California V.S. Oklahoma The United States of America is a federal Constitutional republic composed of fifty states, the federal district of Washington D.C., and several dependent areas including Guam, Puerto Rico, American Samoa, Baker Island, Howland Island, Jarvis Island, and the Northern Mariana Islands among others. Two of its states are California and Oklahoma. California is the 31st and third largest state of the United States of America in terms of land area. It is also the most populous state with a 2010 population census of 37,253,956 wherein 57.6% is white, 13% is Asian, 6.2% is African American, 1% is Native American, 4.9% is multiracial, .04% is Pacific Islander, and 37.6% is Hispanic. It got its nickname, the Golden State, from the Gold Rush of 1848 which led to an economic boom and the migration of workers and prospectors from other parts of the United States and other countries. It became the center of the entertainment industry in theearly20thcentury. In the late 20th century, information and technology was developed, and Silicon Valley grew into a top exporter of computers. Aside from the entertainment and computer sectors, California’s residents are also involved in trade, business, education, health services,andmanufacturing Oklahoma, on the other hand, is the 46th state of the United States of America. It got its name from the Choctaw words “okla” and “humma”...
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...with Froogle to advertise on their website. Mary resides and has a business in Vermont. She has not visited California or did business there. She has only had business with Froogle online and phone calls. Froogle claims Mary has breached her contract and has filed suit in Califonia. Does California have jurisdiction over Mary? In the case, Bridgestone Corp. v. Superior Court, 99 Cal. App. 4th 767 (Cal. App. 2d Dist. 2002) a non resident that conducts substantial business in another state, then that said state would have jurisdiction. However, based on the information provided we can not confirm that Mary did any substantial business in California. We can only conclude she signed a contract with Froogle to advertise on their search engine. Also, in Burger King Corp. v Rudzewicz, 471 U.S. 462, 471 (1985), states that even though a contract may have been signed and tied to another state, it needs to have substantial ties to that state. We have information provided to us stating that Mary never visited California. So, the likely conclusion is that the contract was not signed in the state of California. We also can not confirm if Mary reached out to Froogle to advertise or if Froogle approached her. In conclusion, I do not believe California has jurisdiction over Mary based on the information presented. I do not believe she conducted substantial business in California or have strong ties to the state. I believe that Froogle will have to file within the state that Mary...
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...CALIFORNIA CALIFORNIA An Interpretive History TENTH EDITION James J. Rawls Instructor of History Diablo Valley College Walton Bean Late Professor of History University of California, Berkeley TM TM CALIFORNIA: AN INTERPRETIVE HISTORY, TENTH EDITION Published by McGraw-Hill, a business unit of The McGraw-Hill Companies, Inc., 1221 Avenue of the Americas, New York, NY 10020. Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved. Previous editions © 2008, 2003, and 1998. No part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written consent of The McGraw-Hill Companies, Inc., including, but not limited to, in any network or other electronic storage or transmission, or broadcast for distance learning. Some ancillaries, including electronic and print components, may not be available to customers outside the United States. This book is printed on acid-free paper. 1234567890 QFR/QFR 10987654321 ISBN: 978-0-07-340696-1 MHID: 0-07-340696-1 Vice President & Editor-in-Chief: Michael Ryan Vice President EDP/Central Publishing Services: Kimberly Meriwether David Publisher: Christopher Freitag Sponsoring Editor: Matthew Busbridge Executive Marketing Manager: Pamela S. Cooper Editorial Coordinator: Nikki Weissman Project Manager: Erin Melloy Design Coordinator: Margarite Reynolds Cover Designer: Carole Lawson Cover Image: Albert Bierstadt, American (born...
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...year. The state of California completed and published its CAFR for year-ending June 30, 2013 in April 2014. From this CAFR, we were able to glean a significant amount of information in regards to the state’s population, governmental structure, size of the state’s budget, how the budget interrelates to the CAFR, major industries, and other pertinent demographic information. Population In order to interpret a government’s CAFR, the reader must have knowledge about the jurisdiction the issuing government serves. Part of understanding the jurisdiction is to have knowledge about the jurisdiction’s population. For this reason, a CAFR must present basic information about population. With more than 37 million residents, the state of California is the most populous state in the United States (US) (as of Census 2010). California’s population has grown steadily at a rate of just under 1% per year since 2005. This trend is similar to that of the US overall, albeit a bit slower (Chiang, n.d.). Residents of California consistently have higher per capita income as compared to the US overall with $46,477 yearly income for the former and $43,735 for the latter as of 2012. However, the state’s unemployment rate has been higher than the rest of the US, peaking at a high of 12.4% in 2010 (as compared with 9.6% US wide) and returning to single digit numbers with 9.6% in 2012 (8.1% US wide). Governmental Structure The governmental structure of the State of California is divided into three...
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...In 1885, the Chinese were purged from Eureka. They decided to sue the city for damages and lost property in Wing Hing v. City of Eureka. In this lawsuit, Chinese from all walks of life joined together to fight the injustices done to the Chinese. The Chinese also sued Santa Cruz, Felton, and Truckee. The Chinese consul Fred Bee made it known that if America would not reimburse the Chinese for their lost and damaged property, China would not reimburse Americans in China when anti-American mobs destroyed their property. The only reason the Chinese could sue Eureka was because the California Political Code (1868) made “every county and municipal corporation…responsible for injury to real or personal property situated within its limits, done or caused by mobs or riots.” Unfortunately, the Chinese did not win Wing Hing. In fact, it is not known how this case was eventually settled....
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...trying to break out the barrier. By looking back to the history of Asian American, the documentary “Ancestors in the Americas: Chinese in the Frontier West” which directed by Loni Ding, reveals the arrival and harsh experiences of the large-scale Chinese immigrants on the West Coast of the United States during the 1850’s Gold Rush in California. Also, it portrays their role in developing the American West, and their battles to overcome racial discrimination. In order to have a better life for the family, the Chinese men determined to leave their families and sailed to the Gam Sann (Gold Mountain) with the “American dream”. Far from home, they always send money home without any hesitation. They separate for decades, sometimes forever. However, it is so hard to maintain life in America. They didn’t have the basic civil right, only treated as foreigners. Why Chinese immigrants couldn’t be treated equally as whites? They were prevented by law from either owning property or becoming citizens. There were new laws enforced only against them, just to discourage Chinese, such as the Foreign Miner's Tax. The Chinese miners were welcomed in California in the beginning. However, the...
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...waste land and passing by state that lead to California and the west coast area. When the United States gained Nevada as a territory from Mexico, it was called the state of Washoe. The very first governor was Governor James W. Nye. He was appointed by President Lincoln to govern the acquired territory knowns as Nevada. Nevada was known as property of the Federal government, which means that anything that was obtained as an asset will be delivery to the Federal government. According to Governor Nye, by switching from territorial to state would stop the federal government’s subsidy from Nevada. In December 15, 1864, Nevada was declared the thirty-six state of the United States. The State of Nevada Constitution were based off of California and New York constitutions. It enforces the law that would work in the state of Nevada and throw away the law that will not work. The constitution of Nevada is more specific comparing to the Federal constitution, which are more general and broad. It is considering to be a business like constitution according to Daniel J. Elazar. The first articles of the Nevada constitution is the Declaration of Rights, which states, “All men are by Nature free and equal and have certain inalienable rights.” The state of Nevada are consist of many race not just white. Civil rights are still the major issue. The only people that are allowed to vote are whites. Other race are not allowed to give the court any proof of evidence, the main reason is...
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