Have You Chosen that Which Cannot be Taken From You??

Tweet I was reading the Book of Sirachwhich seems for the most part to be the recounting of his conclusions drawn as a result of meditation in the Torah. The book almost read like Proverbs or Psalms. I came across this in chapter 38: 24 The wisdom of a learned man comes by opportunity of [...]

Have You Chosen that Which Cannot be Taken From You??

Could You Sue for Your Friend or Relative as a “Next Friend”?

Tweet As an alternative basis for standing to maintain this action, petitioner purports to proceed as “next friend of Ronald Gene Simmons.” Although we have never discussed the concept 162*162 of “next friend” standing at length, it has long been an accepted basis for jurisdiction in certain circumstances. Most frequently, “next friends” appear in court [...]

Could You Sue for Your Friend or Relative as a “Next Friend”?

Why Can’t We Use Official’s Prior Bad Acts Against Them Under R.E. 404(b)?

Tweet I’m in a Colorado courtroom. The court is calling and processing cases. The prosecutor kept saying, almost by rote, ‘Judge, on this case we have evidence of prior bad acts under rule of evidence 404(b).’ She would then proceed to tell the judge what a bad person the defendant was and what prior bad [...]

Why Can’t We Use Official’s Prior Bad Acts Against Them Under R.E. 404(b)?

Calif. S.Ct. on How Courts Lose Jurisdiction

Tweet [3] We now proceed to a consideration of the meaning of the term “jurisdiction” in its relation to the granting of a writ of prohibition. The term, used continuously in a variety of situations, has so many different meanings that no single statement can be entirely satisfactory as a definition. At best it is [...]

Calif. S.Ct. on How Courts Lose Jurisdiction

Calif. S.Ct. on Exhaustion of Admin. Remedies

Tweet [5] Lack of jurisdiction in the District Court of Appeal to issue its writ of mandate is clearly established when the foregoing principles are considered in connection with a settled doctrine of administrative law. The Unemployment Insurance Act, summarized above, contains a complete administrative procedure, with provision for one original determination and two appeals, [...]