What is the test for a facial unconstitutionality finding to void a whole section of the California Civil Rights Act?

California, United States of America

The following excerpt is from People v. Luera, 103 Cal.Rptr.2d 438, 86 Cal.App.4th 513 (Cal. App. 2001):

" ' "To support a determination of facial unconstitutionality, voiding the statute as a whole, petitioners cannot prevail by suggesting that in some future hypothetical situation constitutional problems may possibly arise as to the particular application of the statute. . . . Rather, petitioners must demonstrate that the act's provisions inevitably pose a present total and fatal conflict with applicable constitutional prohibitions." ' " (Tobe v. City of Santa Ana (1995) 9 Cal.4th 1069, 1084.)

Other Questions

What is the effect of Section 815 of Government Code section 815.2 of the California Civil Rights Act on civil rights? (California, United States of America)
In what circumstances will the Supreme Court strike down a section of the Civil Rights Act that prohibits the use of certain types of civil rights, such as civil liberties, as well as those of the individual, in the context of civil liberties? (California, United States of America)
What is the test for a defendant to appeal against the California Supreme Court's finding that the California Civil Code of Civil Procedure is unconstitutional? (California, United States of America)
Does Section 1054(1) of the California Civil Code of Civil Procedure, section 1054 et. seq. and section 854 of the Criminal Code, allow defense counsel to conduct their investigation and prepare for trial? (California, United States of America)
In what circumstances will the California Civil Code section 1714 of the Civil Code apply to an individual who has been denied a right to claim damages under the Civil Procedure Act? (California, United States of America)
Does the Attorney General have forfeited a contention of substantial rights under section 1259 of the California Civil Code of Civil Procedure Act? (California, United States of America)
How have courts interpreted section 139 of the California Civil Code, section 139 2 of the S.C. Code of Civil Procedure? (California, United States of America)
What is the difference between a finding of lack of probable cause and a sustained finding under section 739 of the California Civil Code? (California, United States of America)
Does a defendant have a right against double jeopardy when he is convicted of two counts of violating section 148 of the California Civil Code of Civil Procedure? (California, United States of America)
Can a defendant be convicted of violating section 148(a)(1) of the California Civil Code of Civil Procedure if the jury found a completed violation of section 148 prior to the officers' use of excessive force? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.






Alexi purple


Company

  • About
  • Contact us
  • Press
  • Matters
  • Legal

    • Product

  • How it works
  • Pricing
  • Solo & small firms
  • Midsize firms
  • Large firms
  • In-house counsel

    • Resources

  • Resource hub
  • Sample memos
  • Blog
  • FAQ


    • © Copyright 2023 Alexi Inc. All rights reserved.