Is a statute or a judicial decision retroactive?

California, United States of America


The following excerpt is from Silas v. Arden, B235835 (Cal. App. 2012):

In general, statutes operate prospectively, while judicial decisions operate retroactively to pending cases. (Evangelatos v. Superior Court (1988) 44 Cal.3d 1188, 1207.) "'"[A] retrospective law is one that affects rights, obligations, acts, transactions, and conditions which are peformed or exist prior to the adoption of the statute."'" (Id. at p. 1206.) Although as a general rule judicial decisions are to be given retroactive effect, there is a recognized exception: "'when a judicial decision changes a settled rule on

Page 14

Other Questions


Is a statute or a judicial decision retroactive? (California, United States of America)
Is a judicial decision retroactively retroactive when a settled rule is changed? (California, United States of America)
Is a statute already in existence and to have enacted or amended a statute in light of a judicial decision? (California, United States of America)
What is the test for a judicial review of a decision of a Local Agency decision? (California, United States of America)
Does a judicial decision retroactively apply? (California, United States of America)
When harmonizing two statutes relating to the same subject, can a particular or specific statute take precedence over a conflicting general statute? (California, United States of America)
Is a statute restricting judicial review of administrative decisions to the appellate courts within the legislative powers implied or not specified by the Constitution? (California, United States of America)
Is a judicial review of a decision of the State Bar recommending disbarment or suspension from practice an analogy between criminal proceedings and the resolution of reasonable doubts in the course of judicial review? (California, United States of America)
What is the test for a judicial review of a quasi-judicial administrative decision? (California, United States of America)
What is the test for retroactive retroactive effect of a statute? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.