Laws, whether organic or ordinary, are either written or unwritten.
WritingsPublic Writings
Section § 1895
This law states that laws can be divided into two main categories: written laws and unwritten laws.
organic laws ordinary laws written laws
Section § 1896
This law states that a written law is one that is officially documented in writing and has a recorded copy available.
A written law is that which is promulgated in writing, and of which a record is in existence.
written law documented law promulgated
Section § 1897
This law defines what 'written law' means in California. It explains that the main written law is the state's Constitution. Other written laws are called statutes. Together, these form the complete set of written laws, including those from the state and the United States.
The organic law is the Constitution of Government, and is altogether written. Other written laws are denominated statutes. The written law of this State is therefore contained in its Constitution and statutes, and in the Constitution and statutes of the United States.
Constitution organic law written laws
Section § 1898
There are two types of laws: public and private. Private laws only affect specific individuals and their personal rights. All other laws are public, including those related to corporations.
Statutes are public or private. A private statute is one which concerns only certain designated individuals, and affects only their private rights. All other statutes are public, in which are included statutes creating or affecting corporations.
public statutes private statutes individual rights
Section § 1899
This law explains that unwritten law consists of rules that aren't formally published or documented but are still recognized and enforced in courts. These laws mainly come from court decisions and expert writings.
Unwritten law is the law not promulgated and recorded, as mentioned in Section 1896, but which is, nevertheless, observed and administered in the Courts of the country. It has no certain repository, but is collected from the reports of the decisions of the Courts, and the treatises of learned men.
unwritten law court decisions court recognition
Section § 1904
This section explains that a judicial record is basically an official document that records what happens during a court case or a special legal proceeding, including any formal actions taken by a judge or judicial officer.
A judicial record is the record or official entry of the proceedings in a Court of justice, or of the official act of a judicial officer, in an action or special proceeding.
judicial record official entry court proceedings
Section § 1908
This law explains when a court's final decision, or judgment, is considered conclusive and binding. It states that for judgments regarding specific things, like the ownership of property or the management of an estate, these decisions are final concerning those matters. For other types of cases, the decision is final between the involved parties and their successors, as long as they were aware of the proceedings. The law also binds people who control the case, even if they are not official parties, if they have a financial interest and everyone involved knows of their participation. Before the final judgment, anyone affected can request the court to decide if the judgment should bind nonparties. If not decided during the case, it can be sorted out separately after the judgment is final.
(a)CA Civil Procedure Code § 1908(a) The effect of a judgment or final order in an action or special proceeding before a court or judge of this state, or of the United States, having jurisdiction to pronounce the judgment or order, is as follows:
(1)CA Civil Procedure Code § 1908(a)(1) In case of a judgment or order against a specific thing, or in respect to the probate of a will, or the administration of the estate of a decedent, or in respect to the personal, political, or legal condition or relation of a particular person, the judgment or order is conclusive upon the title to the thing, the will, or administration, or the condition or relation of the
person.
(2)CA Civil Procedure Code § 1908(a)(2) In other cases, the judgment or order is, in respect to the matter directly adjudged, conclusive between the parties and their successors in interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing under the same title and in the same capacity, provided they have notice, actual or constructive, of the pendency of the action or proceeding.
(b)CA Civil Procedure Code § 1908(b) A person who is not a party but who controls an action, individually or in cooperation with others, is bound by the adjudications of litigated matters as if he were a party if he has a proprietary or financial interest in the judgment or in the determination of a question of fact or of a question of law with reference to the same subject matter or transaction; if the other party has notice of his participation, the other party is equally bound.
At any time prior to a final judgment, as defined in Section 577, a determination of whether the judgment, verdict upon which it was entered, or a finding upon which it was entered is to be binding upon a nonparty pursuant to this subdivision or whether such nonparty is entitled to the benefit of this subdivision may, on the noticed motion of any party or any nonparty that may be affected by this subdivision, be made in the court in which the action was tried or in which the action is pending on appeal. If no such motion is made before the judgment becomes final, the determination may be made in a separate action. If appropriate, a judgment may be entered or ordered to be entered pursuant to such determination.
judgment conclusive specific thing judgment probate of a will
Section § 1908.5
This law says that if a court decision is final and cannot be challenged, it should be mentioned in legal documents if possible. If there's no chance to include it in documents, the decision can still be used as evidence in court.
When a judgment or order of a court is conclusive, the judgment or order must be alleged in the pleadings if there be an opportunity to do so; if there be no such opportunity, the judgment or order may be used as evidence.
judgment court decision conclusive judgment
Section § 1909
This law says that if a court in California or in the United States makes an official decision, it creates a presumption that can be challenged. This decision matters particularly between the same parties involved or their successors, as long as they're fighting over the same issue under the same title and in the same way after the legal action started.
Other judicial orders of a Court or Judge of this State, or of the United States, create a disputable presumption, according to the matter directly determined, between the same parties and their representatives and successors in interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing under the same title and in the same capacity.
disputable presumption judicial orders same parties
Section § 1910
This section says that in legal terms, two parties are considered the same parties from a previous case if they were directly involved and a judgment could have been decided between them alone, even if other people were involved in that case too.
The parties are deemed to be the same when those between whom the evidence is offered were on opposite sides in the former case, and a judgment or other determination could in that case have been made between them alone, though other parties were joined with both or either.
same parties former case judgment
Section § 1911
This law says that only the decisions that are clearly written in a previous judgment, or those decisions that had to be made for the judgment to work, are considered resolved.
That only is deemed to have been adjudged in a former judgment which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary thereto.
former judgment adjudged necessary inclusion
Section § 1912
This law states that if someone is officially considered a surety, which means they guarantee someone else's obligation, they are also affected by any legal actions involving that obligation. However, they must be informed about the action and have the chance to participate in the defense if needed.
Whenever, pursuant to the last four sections, a party is bound by a record, and such party stands in the relation of a surety for another, the latter is also bound from the time that he has notice of the action or proceeding, and an opportunity at the surety’s request to join in the defense.
surety obligations legal proceedings notice defense participation
Section § 1913
This law says that a court record from another state (a 'sister state') should be treated the same in California as it is in the state where it originated, but it must be enforced in California through a formal legal action. Additionally, if someone is a guardian, conservator, or personal representative, their legal powers don’t automatically apply outside of the area where they were granted those powers, unless another specific law says otherwise.
(a)CA Civil Procedure Code § 1913(a) Subject to subdivision (b), the effect of a judicial record of a sister state is the same in this state as in the state where it was made, except that it can only be enforced in this state by an action or special proceeding.
(b)CA Civil Procedure Code § 1913(b) The authority of a guardian, conservator, or committee, or of a personal representative, does not extend
beyond the jurisdiction of the government under which that person was invested with authority, except to the extent expressly authorized by Article 4 (commencing with Section 2011) of Chapter 8 of Part 3 of Division 4 of the Probate Code or another statute.
judicial record sister state enforcement
Section § 1914
This law states that if you have an official decision or record from a foreign country's admiralty court, it's treated with the same respect and effect as a record from a U.S. admiralty court.
The effect of the judicial record of a Court of admiralty of a foreign country is the same as if it were the record of a Court of admiralty of the United States.
judicial record admiralty court foreign country
Section § 1916
This law says that if you have a court record, you can challenge or question it if you can prove that the court didn't have the authority to make the decision, the parties involved were secretly working together, or there was fraud involved in the creation or presentation of the record.
Any judicial record may be impeached by evidence of a want of jurisdiction in the Court or judicial officer, of collusion between the parties, or of fraud in the party offering the record, in respect to the proceedings.
judicial record impeachment of record lack of jurisdiction
Section § 1917
This law explains that for a court record to be valid, the court must have authority over the issue being decided, the people involved, and, if applicable, the specific object or property in question in the case.
The jurisdiction sufficient to sustain a record is jurisdiction over the cause, over the parties, and over the thing, when a specific thing is the subject of the judgment.
court jurisdiction authority over cause authority over parties
