What is the burden of proving that a local committee or board's action is erroneous or unlawful?

California, United States of America


The following excerpt is from Resner v. State Bar of Cal., 2 Cal.Rptr. 461, 349 P.2d 67, 53 Cal.2d 605 (Cal. 1960):

This court, of course, passes upon the sufficiency and weight of the evidence and is not bound by findings of fact of the local committees or board, although the burden of showing that the board's action is erroneous or unlawful is upon the petitioner. Sturr v. State Bar, supra, 52 Cal.2d 125, 338 P.2d 897; Sullivan v. State Bar, supra, 50 Cal.2d 491, 326 P.2d 138.

Other Questions


What is the burden of proving that the findings of fact of the local committee or the board were incorrect? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
What is the legal test for proving a defendant has met their burden of proving that a cause of action has no merit? (California, United States of America)
When will the California State Bar's local administrative committee and the state bar's board of disciplinary action against petitioner for wilful failure to perform legal services for which the attorney has retained? (California, United States of America)
What is the burden of proving an element of res judicata in an unlawful detainer action? (California, United States of America)
What is the burden of proving that plaintiffs had the burden to prove allocation of the premiums? (California, United States of America)
What is the effect of the action of a local administrative committee on the testimony of a witness before a disciplinary board or this court? (California, United States of America)
What is the test for meeting the threshold burden of proving that a cause of action arises from protected activity? (California, United States of America)
What is the burden of proving adverse possession in an action to quiet title? (California, United States of America)
What is the burden of proving all the elements of a crime have been proved beyond a reasonable doubt? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.