|
|
|
|
|
|
|
|
| The Daily Journal Corporation is a State Bar California approved continuing legal education provider for $32.00. You can complete CLE tests online, receive answers, payment receipts and certificates of completion by email. Each test earns one hour of CLE credit. In addition, you may access your completed test history and print test completion certificates.
|
|
|
|
Alternative Dispute Resolution Top ↑
The Components of Alternative Dispute Resolution
Alternative Dispute Resolution (“ADR”) generally means resolution of a dispute by means other than a court or jury trial on the merits. ADR provides litigants with a means of resolving cases without the expense or delay of trial. It can cause less da
Contractual Arbitration
By deciding to allow their disputes to be settled through an arbitrator, parties have elected to avoid often lengthy and expensive litigation in the courts. Nonetheless, courts are often called on to enforce and review contractual arbitration provis
Mediation’s Confidentiality Controversy
California's broad assurances of confidentiality, while heralded as necessary for the integrity of mediation, also have some side effects that may undermine the process.
Tips for Enforcing Mediated Settlements
Between the lines, a couple of recent California opinions delivered some advice for securing enforceable mediated settlement agreements. A review of the practical repercussions for mediators, lawyers, and clients.
Appellate Practice Top ↑
Stays on Appeal
How do you protect a client's assets while an unfavorable judgement is on appeal? In many instances, you must post a bond to obtain a stay of execution.
Civil Practice Top ↑
California's Forum Factor in Cyberspace
The evolution of the Internet and related technology connects people and business in such a way that states and countries are now virtually borderless, commercially.
Civil Discovery
Media and public representations of the judicial system are heavily weighted to trials, with their “Perry Mason moments” and emotional closing arguments.
Protecting the Right of Publicity
The right of publicity, which protects individuals from commercial misuse of their identities, is increasingly being pitted against the public politices behind the Copyright Act and the First Amendment—and losing out.
Civil Procedure Top ↑
Fundamentals of Prejudgement Interest
Parties regularly demand prejudgment interest in their complaints, but too often the rules regarding the propriety and calculation of prejudgment interest are not fully understood, leading to faulty awards.
Handling Vexatious Litigants
If somebody just won't quit suing your client, you should consider having that plaintiff declared a vexatious litigant
Choosing the Right Forum
Filing suit in the wrong forum has consequences, one of which can be the obligation to pay an opponent's legal fees long before the case is even decided.
ANTI-SLAPP BASICS
“SLAPP” is an acronym for “strategic lawsuit against public participation.” Equilon Enters., LLC v. Consumer Cause, Inc., 29 Cal.4th 53 (2002). The Legislature enacted the anti-SLAPP statute in 1992 in response to the “disturbing increase in lawsuits
Shining A Light On the Police
Following a shooting or other significant use of force by law enforcement (“Incident”), there will be at least one if not multiple investigations conducted by the law enforcement agency. These investigations may be criminal in nature and be directed
Privileges Primer
In both criminal and civil proceedings, witnesses and litigants often invoke privileges to refuse to testify or to turn over discovery. Having a working knowledge of the different types and scope of privileges is extremely valuable.
Relief Effort
Many times civil cases are dismissed and judgments are rendered without courts ever reaching the merits when default is ordered. Bench officers and practitioners in this field must know the rules which authorize relief from default.
Writ Watch
Writ petitions are disfavored by appellate courts, and usually result in a summary denial.
Contracts Top ↑
Admitting Extrinsic Evidence in California
Though the California Supreme Court has skated around the issue, it has never abandoned the extrinsic evidence rule in contruing contracts. Here is a look at what that means for litigants.
Divining the Meaning of "Best Efforts"
Interpreting the meaning of a “best efforts” clause in a contract can be as confusing as trying to make sense of that whole Brad-Jen-Angelina thing. But here’s how some courts have tried.
Court Rules and Procedures Top ↑
Safety First
A secure courtroom is the bedrock on which the rights of all participants in the justice system are based. Without courtroom security, rights like the ability to present evidence and to have a public trial with an impartial jury are severely undermin
Wielding Contempt Carefully
Judges have inherent power to hold attorneys in contempt of court. Most judges never use the contempt power. Therefore, when contempt issues do arise the law is often poorly understood.
Protection from Predators
Jessica’s Law is the most significant piece of criminal justice legislation since the three-strikes law was enacted 12 years ago.
Rules on Referees
New rules govern the appointment and powers of referees in California courts.
Criminal Law Top ↑
When Can Juveniles Be Tried as Adults?
When can a juvenile under the age of 18 be tried as an adult? The answer became more complicated when the voters approved Proposition 21 in 2000, allowing prosecutors to directly file charges against some juveniles in Ssuperior Ccourt without judicia
The Ins and Outs of Pitchess Motions
In 1978 the procedure for obtaining law enforcement personnel records set forth in Pitchess v. Superior Court was codified in Evid. Code §§ 1043–1045. In so doing, the Legislature “not only reaffirmed but expanded” the discovery scheme enacted by the
Medi-Fraud Crimes and Consequences
Prosecution of medical professionals often involves offenses not generally at issue in criminal cases. The consequences of criminal convictions on medical professionals likewise involve statutes and regulations specific to this area of law.
Mastering the New Conduct Credits Law
Penal Code §4019(a)(1) and (a)(4) provide for conduct credits earned for “good time” and “work time” during a period of presentence confinement for defendants sentenced to county jail or to state prison.
Factors to Rely on for Determinate Sentencing
Under the Determinate Sentencing Law (Pen. Code, §1170 et seq., “DSL”), judges must determine whether to impose the high, low, or middle prison terms for felony offenses. It is important for all bench officers and attorneys handling felony cases to
Cronfronting "Crawford"
The Confrontation Clause in the Sixth Amendment to the U.S. Constitution provides, "In all criminal prosecutions, the accused shall enjoy the right...to be confronted with the witnesses against him."
Under the Gun
The United States Supreme Court in Heller held that the Second Amendment of the federal Constitution invalidated a District of Columbia law controlling the possession of firearms. In so doing, Heller found that the Second Amendment protects “the indi
Launching Discovery
Reciprocal discovery in criminal cases has been the law in California for over 17 years since its adoption as part of Proposition 115 on June 6, 1990.
Confining Sexual Predators
California has a law that permits people who have committed certain sex crimes to remain in custody long after serving their prison terms.
Justifying Sentencing
When the United States Supreme Court in Cunningham v. California (2007) 127 S.Ct. 856 invalidated California's Determinate Sentencing Law, it left many questions unanswered.
Shifting Evidence
To ensure fairness, courts often grant parties' motions to keep the jury from hearing some matters.
Money Laundering
Laws prohibiting money laundering are not just for the likes of Al Capone anymore. Now we’re using them to rein in the acts of everyone from fund-raising rabbis to Osama bin Laden.
Criminal Practice Top ↑
Unlocking Habeas
“The Supreme Court, courts of appeal, superior courts, and their judges have original jurisdiction in habeas corpus proceedings.” Cal. Const., art. VI, § 10. The writ is also codified in Penal Code section 1473(a).
Risk Business
Effective July 1, 2008, a State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) must be prepared for all persons convicted of sex crimes listed in Penal Code section 290. Pen. Code, §§ 290.04(a)(1), 290.06. This requirement, enacted by
Ganging Up On Criminals
Gang injunctions are a valuable tool used by law enforcement in combating criminal street gangs. This area of law touches upon both civil and criminal matters.
A Grand Undertaking
Whether seeking to indict a person, representating a person who has been indicted or presiding as a judge over the impanelment of a grand jury or over challenges to the process that led to an indictment, having a working knowledge of criminal grand j
Trying Times
An important stage in a felony criminal proceeding that is often overlooked is the preliminary hearing.
Damages Top ↑
Punitive Damages
No longer may plaintiffs attempt to loot the bounties of corporate defendants to make them examples. The U.S. Supreme Court has just hailed in a new era in which relevance and ratios prevail in punitive damages—even in California.
Detection or Prevention of Substance Abuse Top ↑
The Power of Prop. 36
Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, requires that eligible persons convicted of nonviolent drug possession offenses be sentenced to probation and narcotics treatment instead of incarceration. Having a working knowled
(Special Credit -- Detection or Prevention of Substance Abuse)
Trends in Employee Drug Testing
Although some uncertainties remain, state law controlling drug testing is more predictable than ever. Here's a look at the emerging legalities of workplace-testing policies.
(Special Credit -- Detection or Prevention of Substance Abuse)
Curing the Ills of Work-Related Stress
If the practice of law feels stressful to you, that’s because it is—and studies bear that out. A look at the high toll of stress on the job and what you can do about it.
(Special Credit -- Detection or Prevention of Substance Abuse)
The Maelstrom Over Medical Marijuana
Though patients extol its virtues, we seem to be no closer to a legal compromise on medical marijuana.
(Special Credit -- Detection or Prevention of Substance Abuse)
California's Drug Initiative
A new California statute mandates that defendants convicted of nonviolent drug possession offenses be sentenced to probation and treatment instead of incarceration. But the juries are still out on how and when to apply it.
(Special Credit -- Detection or Prevention of Substance Abuse)
Drug Test Results
Issues surrounding drug use and abuse arise for clients in almost all fields of legal practice: criminal law, family law, insurance law, employment law, personal injury, workers compensation-even lawyer discipline.
(Special Credit -- Detection or Prevention of Substance Abuse)
Help for Addicted Attorneys
How and where substance- abusing or emotionally distressed attorneys can get help.
(Special Credit -- Detection or Prevention of Substance Abuse)
Elimination of Bias Top ↑
Accomodating Lawyers with Disabilities
A number of steps required by law and dictated by reason can help remove barriers for lawyers with disabilities.
(Special Credit -- Elimination of Bias)
Disqualifying Judges
California litigants are allowed to disqualify judges from presiding over their cases both as a matter of right or peremptorily and on a showing of cause, even though exercising such rights may be disruptive or abused.
Gender Bias in the Law
Though you might hope that gender bias would be less apt to develop in the legal world, it flourishes. Here's a look behind the enduring stereotypes that sustain it.
(Special Credit -- Elimination of Bias)
Bias in Mediation and Arbitration
There’s an ugly secret behind mediation and arbitration, long lauded as methods of resolving disputes neutrally: Bias grows and flourishes there.
(Special Credit -- Elimination of Bias)
Employment Top ↑
Banning Off-Duty Smoking
In an effort to curb escalating health care costs, some employers have turned to controversial measures in recent years, including workplace policies that ban smoking off duty.
Rules for Sexual Harassment Training
A new law mandates that California employers provide sexual harassment training, which may also help shield them from liability. Here’s why—and how.
How Employers Lose Lawsuits
Learn how copping these five common bad attitudes—from ignoring a one-person complaint to confusing the overlapping intricacies of state and federal laws—can land employers in court.
Harassment at Work: The Current Truth
The workplace is a different world since Anita Hill's charges against Clarence Thomas brought the issue of harassment on the job to the forefront of public awareness. Since then, the laws have been written and rewritten--in ways that may surprise you
Evidence Top ↑
Admitting Business Records Into Evidence
In both civil and criminal trials, business records can often make or break a case. Business records, including computer printouts, are hearsay and can be admitted into evidence only if a proper foundation is presented for the business records except
Update on DNA Evidence
In People v. Nelson, 43 Cal.4th 1242 (2208). the Supreme Court has spoken definitively as to the latest conttroversy over DNA evidence.
Rules for Sealing Evidence
They’ve been on the books for a while, but now courts are starting to take the rules for sealing evidence seriously.
Hidden Perils of Audio Recording
It is a form of legal Russian roulette to tape-record conversations or use them as evidence in a civil lawsuit--at least without knowing the potential repercussions.
Insurance Top ↑
Trade Secret Insurance
Suppose your client hires a rising star away from a competitor in its industry to improve the company's manufacturing process, design a superior product, improve distribution methods, or revamp the marketing approach. Shortly after the whiz kid begin
Insurance Law Top ↑
A Liability Insurer's Duty to Settle
Misjudgments in insurance settlements have the potential to yield catastrophic results: for the carrier, exposure to bad faith claims; for the policyholder, the possible loss of coverage. A look at the law and some practical solutions.
Intellectual Property Top ↑
Big Change in Patent Law
Recent decisions have changed the standards applying to patent litigation in ways that might erode a patent's value - and slow the pace of innovation.
Do You Own Your Website?
Many people misunderstand the Copyright Revision Act and often ignore it--two mistakes you can't afford to make if you hire consultants to work on your firm's website or to write software.
Trademark Tangles on the Web
Tussles over the use of trademarks on the Internet are mostly being resolved through an unexpected source—established legal principles, with a few new twists for good (if confusing) measure.
Copyright Myths Debunked
Learn the realities behind that mysterious symbol, Sonny Bono's legacy, and what could happen if you dress Darth Vader like Barbie.
Internet Law Top ↑
Where in the World is the Web?
Determining the existence of personal jurisdiction in litigation involving the Internet is often extremely problematic.
Legal Aspects of Data Security
Breaches in data security can be expensive and embarrassing for you and your clients. Here's a look at the emerging laws on the topic--and some practical tips for keeping computers safe from hackers.
Jury Practice Top ↑
Exercising Attorney Voir Dire
The ability of attorneys to question prospective jurors is invaluable to ensuring a fair and impartial jury panel in both civil and criminal cases.
Peremptorily Challenged
Setting the number of peremptory challenges in a criminal trial is fairly straightforward. It requires the application of Code of Civil Procedure Section 231(a) and (b) to the type of charges alleged in the information at the time of trial, in light
The New Civil Jury Instructions
A task force recently examined the state’s civil jury instructions— proving that when it comes to guiding jurors, less really is more.
Law Practice Management Top ↑
Getting Interim Fees
You might not always be able to follow the adage about getting the fee first. But you may qualify for interim attorney fees under a number of fee-shifting statutes.
Attorneys Fees Applications
A demand to or from opposing counsel to pay legal fees will usually be made under: (1) a contract provision authorizing the award of fees, (2) a state or federal statute authorizing fee awards in the specific action, (3) an equitable theory such as t
Legal Ethics Top ↑
Dealing With Substance Abuse
If you or an adversary are afflicted by substance abuse, you should know your professional duties.
(Special Credit -- Detection or Prevention of Substance Abuse)
The Truth About True Retainers
Labeling a client's retainer payment as "nonrefundable" can be a big mistake. Only true retainers, which are extremely rare, merit that treatment.
(Special Credit -- Legal Ethics)
Inadvertent Disclosure
Today the risk of inadvertently disclosing privileged material is greater than ever. In an e-discovery world where attorneys must review an ever-increasing mass of information before turning over evidence to the other side, errors are inevitable.
(Special Credit -- Legal Ethics)
Who Decides Strategy: Lawyer or Client?
Clients today are much more likely to insist on a decision-making role in contested matters. But what does an attorney do when his or her client disagrees about litigation strategy?
(Special Credit -- Legal Ethics)
Ethics and Corporate Conflicts
Gaps in case law and ethics rules force lawyers to navigate uncharted waters when representing corporate clients with potentially adverse interests.
(Special Credit -- Legal Ethics)
The Ethics of Unbundling
You've heard clients clamoring for unbundled legal services. Here's how to offer them--and do it ethically.
(Special Credit -- Legal Ethics)
Ethical Billing Practices
Learn the statutory and ethics mandates controlling billing - and practical tips on how to comply with them.
(Special Credit -- Legal Ethics)
Ten Commandments of Deposition Ethics
Following these rules of ethics in conducting or defending depositions not only makes a lawyer a better advocate, it helps boost credibility and effectiveness in court.
(Special Credit -- Legal Ethics)
Conflicts
Conflicts of interest are a litigator’s reality
(Special Credit -- Legal Ethics)
Practice and Procedure Top ↑
Protecting Indigents
The Los Angeles County public defender protects the life and liberty of indigent adults and children in matters having penal consequences.
Navigating Bail
In 1791, the Eighth Amendment established a defendant's constitutional right to bail.
The Dirt on Unclean Hands
Whether the unclean hands defense will reach a jury is a crapshoot, but it can cripple a case if it does. Here's how and why.
Privacy Law Top ↑
HIPAA Liability
New federal laws vastly expand attorneys' obligations for protecting medical records that they access in the course of their work.
Real Estate Top ↑
The Nonrefundable Deposit - Not!
For many years, a nonrefundable escrow deposit has been a standard part of real estate transactions. But recent case law calls that practice into question.
Tree Law
The top ten issues attorneys should consider when handling disputes over trees.
Time Limits for Project Approvals
Today you're seeing a real estate client with a well-located piece of property under option to purchase and some market-driven ideas. A financing package is in the works, but the project's costs will increase for every extra month it takes to get dev
SLAPP Top ↑
Recent Anti-SLAPP Developments
Under the anti-SLAPP (Strategic Lawsuit Against Public Participation) statute, a defendant who is sued for speaking on a public issue or for petitioning the government can obtain an early termination of the action if the plaintiff lacks evidence to
SLAPP Happy
An update on the California Anti-SLAPP statute.
Slapping Down SLAPP Suits
A review of the new cases interpreting California’s anti-SLAPP statute shows many questions are still unanswered.
Tax Top ↑
Taxing Matters in Settling Cases
Here's help in identifying the red-flag items in settlements so you can alert your client—whether a plaintiff or defendant—to risky business in potential tax issues.
When Clients Must Report Fee Payments
Navigating reporting obligtions for attorney-related payments has never been easy. And new Middleman regulations may have made the waters even murkier.
Torts Top ↑
Risky Assumptions
California practitioners have been bedeviled for decades about how to define and apply assumption of risk in negligence cases. A look at the tangled past and the new hope that the supreme court will soon hand down definitive deliverance.
|
Certification
The Daily Journal Corp., publisher of CALIFORNIA LAWYER, has been
approved by the State Bar of California as a continuing legal education
provider. This self-study activity qualifies for Minimum Continuing
Legal Education credit in the amount of one hour.
The Daily Journal Corp. certifies that this activity conforms to the
standards for approved education activities prescribed by the rules and
regulations of the State Bar of California.
|
|
|
|
|
