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Friday, March 22, 2013

California and Federal legal research links

California and Federal legal research links are a great resource to have. And now you can receive a FREE list. The list includes a website where you can search ALL cases from the California Courts of Appeal and the California Supreme Court all the way back to 1850 as well as a website where you can search the entire text of the United States Code, Federal Rules of Bankruptcy Procedure, Federal Rules of Civil Procedure and more.

If you would like to receive the FREE list, all you need do is subscribe to the FREE weekly newsletter with legal tips and tactics for California and Federal litigation written by Stan Burman, the author and creator of LegalDocsPro and this blog. Join over 640 satisfied subscribers.

The topic for last week was a brief discussion of the Bulk Sales Act in California. Previous topics have included adversary complaints, answers to complaints, demurrers, motions to quash, motions to strike and more.  Join over 640 satisfied subscribers now and receive the next issue.  Upcoming topics include filing a motion for terminating sanctions in  California, replying to an opposition to a motion in California and more.

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Stan Burman has worked in California and Federal litigation since 1995 and has also created over 200 sample legal documents which can be viewed at

http://www.scribd.com/LegalDocsPro/documents

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Thursday, March 21, 2013

California doctrine of negligence per se

The California doctrine of negligence per se is the topic of this blog post.  An example of this doctrine is tThe presumption of failure to exercise due care under California Evidence Code Section 669 . The law in California presumes that someone who violates a particular provision of a statute such as the California Vehicle Code is presumed to have failed to exercise due care.  However it is possible to rebut the presumption.

California Evidence Code § 669 states in pertinent part that, “(a) The failure of a person to exercise due care is presumed if: (1) He violated a statute, ordinance, or regulation of a public entity; (2) The violation proximately caused death or injury to person or property; (3) The death or injury resulted from an occurrence of the nature which the statute, ordinance, or regulation was designed to prevent; and (4) The person suffering the death or the injury to his person or property was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted.”

“Essentially, application of the doctrine of negligence per se means that the court has adopted the conduct prescribed by the statute as the standard of care for a reasonable person in the circumstances. In such a case, a violation of the statute is presumed to be negligence.”  Alcala v. Vazmar Corp. (2008) 67 Cal.App. 4th 747, 755. (internal citations and quotations omitted.)

And Civil Code § 1714(a) states in pertinent part that, “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.”

The author prepared an arbitration brief several years ago for a personal injury case in which one of the defendants had violated a provision of the California Vehicle Code. A sample based on that case has been prepared by the author.

Attorneys or parties in the State of California who would like to view a portion of a sample arbitration brief for a California personal injury case which utilizes the presumption discussed in this blog post sold by the author can see below.

http://www.scribd.com/doc/25746956/Sample-Arbitration-Brief-for-California

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995. Visit the author's website at: http://www.legaldocspro.net

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Copyright 2013 Stan Burman. All rights reserved.

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

These materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.