Business Law Module 1

2068 words 9 pages
PART I
1. What are the different types of courts established under the State of California’s Constitution? What section of the State of California’s Constitution establishes the courts? What types of jurisdiction do each of these courts have? Thoroughly define each type of jurisdiction under each court and explain why each court has each type of jurisdiction. In Article 6 section 1 of the State of California’s constitution states there are three different types of courts that have judicial power of California that were established under the State of California’s Constitution. They are the Supreme Court, courts of appeal, and superior courts which are all courts of record. The Supreme Court is made up of six associate justices and
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One advantage of every attorney being a member of the State Bar of California is it helps make sure attorneys are following the standards of conduct that was established for them to follow as well as discipline attorneys that violate the standards that were set. Another advantage of requiring that attorneys must be members of a state’s bar is like mentioned in Article 6 section 21 if a temporary judge is needed then a member of the State of Bar who is already sworn and empowered to act can step in and make the final decision of the cause. Also in section 8 of Article 6 if a member on the commission on Judicial Performance needs to be replaced they are ready to be appointed by appointing power to act in the position of the one they will replace. The disadvantages however are in the case of a temporary judge stepping in to make the final determination of the cause after the case has already been heard by another judge. Also it may lead attorneys from other states not want to practice in California.

3. What is a statute, in general? How is a statute different from common law? What does the State of California’s Constitution say about statutes, in general (i.e. how are statutes formatted, who must sign a statute, how is a statute enacted, etc.)? Under the State of California’s Constitution, what is an Urgency Statute? What section of the State of California’s Constitution establishes the requirements for

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