What is the case law on automatic reversal in civil cases?

California, United States of America


The following excerpt is from People v. Cahill, 20 Cal.Rptr.2d 582, 5 Cal.4th 478, 853 P2d 1037 (Cal. 1993):

The fifth and most important reason to preserve the automatic reversal standard is that it is the only standard that gives sufficient weight to the primal constitutional interest at stake. It has been written that "respect for the individual" is "the lifeblood of the law." (Illinois v. Allen (1970) 397 U.S. 337, 351, 90 S.Ct. 1057, 1064, 25 L.Ed.2d 353 (conc. opn. of Brennan, J.).) In no area is this value tested more severely, nor is its implementation more critical, than in the official treatment of those accused of crime. In this context, "respect for the individual" demands, among other things, that agents of law enforcement refrain

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