What is the test for construing a statute for a unanimous court?
California, United States of America
The following excerpt is from People v. Seneca Ins. Co., 129 Cal.Rptr.2d 842, 29 Cal.4th 954, 62 P.3d 81 (Cal. 2003):
5. Ironically, in construing a statute for a unanimous court in Comette v. Department of Transportation (2001) 26 Cal.4th 63, 72, 109 Cal.Rptr.2d 1, 26 P.3d 332, the author of today's majority opinion recently relied on "a letter to the Governor" from the statute's "author," finding that it "best explained" the statute's "purpose."
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If a statutory language does not yield a plain meaning, and the legislative history of the legislation is not to be considered in determining the meaning of the statute, can a court rely on the statute itself? (California, United States of America)
Does a trial court have a sua sponte obligation to give unanimity instruction on the statute of limitations in a conspiracy? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (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)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
When a section of the California Civil Code provides for construction of a statute, how do courts interpret the construction of the statute? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)
When a judge's original sentencing has been struck down by the Court of Appeal, does the sentencing court have the power to impose any sentence permitted under the applicable statutes and rules on remand? (California, United States of America)
