CA case Law????

Question

WHEN ARGUING OR MAKING A POINT IN COURT USING CASE LAW DO YOU HAVE TO TAKE THE ACTUAL CASE LAW FROM THE BOOKS? OR CAN YOU TAKE IT IN SECTIONS FROM THE NET i.e. NOTABLE CASE LAW

Answer 1

I'm not sure I understand your question. If in a legal document you state a proposition of law, you will generally have to support that with a citation to a constitutional provision, statute, or judicial authority. So long as that authority is on point and applicable, you do not have to do more than cite it. The cite would have to be to the official reporter (the book), not just to a web site.

Note however, that not all authority is equal. For example, in California, decisions of all higher California courts are binding upon all lower courts. However, the only federal court which is binding is the US Supreme Court, lower federal courts are only persuasive. Unpublished California decisions cannot be cited at all.

Answer 2

As long as you properly cite the case, you don't have to provide the full text, unless the opinion is unpublished, in which case you'll need to check the court's rule regarding citation to unpublished authority. Generally it's not allowed, but some places will let you cite to unpublished opinions if you provide a copy with the motion to the court and opposing counsel. I'd be very wary of citing to the 'Net, you can never be sure of the authenticity of the source.

Answer 3

Traffic law in California is contained in the Vehicle Code which you may research in your county law library. In general traffic offenses are infractions where jail may not be imposed. For this reason there is no right to a jury. If jail may be imposed the matter is a misdemeanor for which all the criminal rights apply. Normally at a traffic trial the officer and the driver plus any other witnesses testify. Of course the defendant does not have to testify and may cross examine the officer. It is wise to go watch a trial calendar at traffic court to get a feeling for proper etiquette. Because traffic infractions carry no heavy punishment, the offenses are usually treated as requiring no criminal mental state. I have seen a traffic judge allow an innocent mistake of fact defense, although in my opinion he did not have to. Act like you like the judge and even the officer and you'll get a low fine even if you lose!