California law

Important California Laws To Know – Assault

Important California Laws To Know – Assault

California Penal Code § 240 PC defines the crime of assault or “simple assault” to which it is sometimes referred, in contrast to the crime of “aggravated assault.” Section 240 makes it a misdemeanor to commit or attempt to commit a violent injury on another person in California. Assault is a distinctive act because anyone may be charged with it even if they have not actually hurt anyone by their actions. While many laypersons often use the terms “assault” and “battery” interchangeably, they are actually two distinct crimes. The crime of battery involves the actual use of unlawful force or violence against another person while an assault...

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Important California Laws To Know – Divorce

Important California Laws To Know – Divorce

Many attorneys enter family law intending to make a difference in the lives of those who experience marital difficulties. Sadly, domestic relations law involves issues related to the end of a marriage - divorce, and separation. Issues related to children such as child support, child custody, and visitation naturally arise, which become issues of great priority and importance. Any young aspiring domestic relations lawyer must first become familiar with the law of divorce in California or the jurisdiction where they will ultimately practice. Law school graduates and young attorneys often believe that they may use their legal and personal skills to...

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Preparing For An Online Bar Exam – Test-Taking Considerations

Preparing For An Online Bar Exam – Test-Taking Considerations

In October, California administered its first online bar exam because of the coronavirus pandemic. Currently, in addition to California, states across the country are planning to administer another online bar exam in February. New York, Pennsylvania, Maryland, and Connecticut have all committed to online tests. The State Bar plans to release results from the February bar exam in mid-May. The results for the October bar exam are expected to be released in mid-January 2021. The State Bar is actively working on shortening the grading timeline so that applicants receive their results on an expedited schedule. Currently, it appears that the February 2021 bar exam will also be administered online....

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Preparing For An Online Bar Exam – Technical Considerations

Preparing For An Online Bar Exam – Technical Considerations

In October, California successfully administered its first online bar exam because of the coronavirus pandemic. The results for the October bar examination are expected to be released in the middle of January 2021. California presently plans to administer the February 2021 bar exam online as well. The State Bar hopes to release the February bar exam results in the middle of May 2021. The State Bar is actively seeking to reduce the grading timeline so that applicants may receive their results in an expedited fashion. Several states have already conducted online bar exams and will continue this practice for the February 2021 examination. Taking a bar...

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About Jury Instructions

About Jury Instructions

One of the most important components of a trial is the case’s jury instructions. These instructions or directions help jurors pinpoint a case’s specific issues, as well as those laws that are applicable and determinative of the outcome. The importance of jury instructions to the outcome of a legal matter may not be emphasized or stressed enough. Jury instructions identify those issues that the jury will be required to decide so jurors may understand the legal principles applicable to the case. Jurors may not reach a proper verdict if they do not understand the jury instructions or the instructions fail to adequately...

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New Study Reveals Cal Bar Exam Discriminates Against Minorities

New Study Reveals Cal Bar Exam Discriminates Against Minorities

A significant research study shows that the minimum passing score, also known as the cut score, on the California Bar Exam, excludes minorities from admission to the bar at a disproportionately high rate. The study aimed to examine the effect of the bar exam cut score on the racial and ethnic composition of new attorneys joining the legal profession in California. The study examined two vast data sets for reaching its conclusions. The first data set included de-identified scores of 85,727 examinees who sat for 21 administrations of the California Bar Exam from 2009-18 and the race and ethnicity of each examinee....

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California Creates Provisional Licensing Program For Newest Graduates

California Creates Provisional Licensing Program For Newest Graduates

At the end of October, as just about every law student in the state of California knows, the California Supreme Court approved a provisional licensing program for 2020 law school graduates. The Supreme Court ordered the creation of a provisional program last July, citing the effects of the coronavirus pandemic and discussing a delayed, online bar exam on graduates. “The court recognizes that postponement of the bar examination may impact employment prospects, delay incomes, and otherwise impair the livelihoods of persons who recently have graduated from law school,” the court wrote. Meanwhile, states across the country are pushing forward with plans to...

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Bar Exam Performance Tool Is Promising

Bar Exam Performance Tool Is Promising

A two-year study of an online learning program in California has shown promising results, thus increasing applicants’ chances of passing the examination. The program was designed to assist applicants to handle the challenges of preparing for the California Bar Exam. The State Bar offered the free program to October 2020 bar exam applicants. The program was developed by the California State Bar in tandem with a team of law and psychology researchers from distinguished universities. The team used surveys and focus groups of recent California Bar Exam participants to develop the program’s content to help improve the adaptive mindsets of examinees. The...

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Important California Laws To Know – Child Abuse, Neglect, And Endangerment

Important California Laws To Know – Child Abuse, Neglect, And Endangerment

The following are some important California laws related to the abuse, neglect, and endangerment of children. Penal Code § 270 Child neglect This statute addresses the abandonment and neglect of children by stating the following: If a parent of a minor child willfully omits, without lawful excuse, to furnish necessary clothing, food, shelter or medical attendance, or other remedial care for his or her child, he or she is guilty of a misdemeanor…” Proof of abandonment or desertion of a child by such parent, or the omission by such parent to furnish necessary food, clothing, shelter, or medical attendance or other remedial care for...

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Important California Laws To Know – Cyber-Harassment

Important California Laws To Know – Cyber-Harassment

Our series of blogs on important California laws to know continues with a look at some criminal offenses rife with the advent of the digital age. These laws are related to the wrongful use of electronic communication devices, such as computers, tablets, and smartphones. Penal Code § 647(j)(4) Cyber harassment  or “revenge porn” As the internet provided more ways for people to interact at many various levels, the California legislature enacted this code section in 2013 to address a growing problem: the intentional distribution of images that most people would consider intimate. Anyone found guilty of a criminal offense under California Penal...

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