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Professional Interdisciplinary Studies Center
Los Angeles Mission College Paralegal Studies Program
CALIFORNIA CODES
A code is a written law passed by Legislatures in Sacramento and Washington.
BUSINESS AND PROFESSIONS CODE
Section 17900 - 17930, establishes a Business and Professions Code consolidating and revising the law regulating and protecting private business and licensed professions and callings, and penalizing violations. A paralegal could use the B.&P. Code when applicable relating to principles and regulations of businesses.
CIVIL CODE - C.C.A. An Act to establish a Civil Code
was adopted 1872. The Code enacted 4 divisions, Sections 1-3543
and the last 35 Sections being the Maxims of Jurisprudence. Major
topics include Definitions and Sources of Law, Effect of the 1872
Codes, Persons, personable rights, blind and other physically
disabled persons, confidentiality of medical information and emancipation
of minors.Sections 22 thru Section 22.3 of the Definitions, &
Sources of Law are some of the Sections that will help the researcher
to find that upon the
adoption of the common law cases in California, as in the other
states, the courts become subject to all its provisions, i.e.,
Sec. 22.2 - "the Common Law of England, so far as it is not
repugnant to or inconsistent with the Constitution of the U. S.
or the Constitution or laws of this state, is the rule of decision
in all the courts of this state…."
CODE OF CIVIL PROCEDURE
Title of Act enacted 1872 by the People of the State of CA,
represented in Senate and Assembly to establish a Code of Civil
Procedure, divided into four parts: part 1. Of Courts of Jusice.
Part 2. Of Civil Actions. Part 3. Of Special Proceedings of a
Civil Nature, and Part 4.
Miscellaneous Provisions A paralegal should or could refer to
Code Civ. Proc. A., Sec. 4. Rules
of construction of this code, p. 9, 1. In General, p. 10.
COMMERCIAL CODE - U.C.C.A. - effective January Jan.
1, 1965, Divisions 1-3, Sec. 1-4100. The underlying purposes and
policies of the Code as stated in Section 1-102, are to simplify,
clarify, and modernize the law governing commercial transactions;
to permit continued expansion of commercial practices thru custom,
usage, and agreement of the parties; and to make uniform the law
among the various jurisdictions. The regulations of the UCC would
help a paralegal with all matters regarding the uniform laws of
commercial transactions in effect in CA
and other states.
CORPORATIONS CODE Section 1100-1113. Sets forth the Code by which corporations mayoperate and the applicable statutes and resolutions governing incorporation, specific functions, albeit domestic or foreign. A paralegal could use this code to apply specific principles and procedures of incorporation, partnerships and associations, and uniform general laws.,
EDUCATION CODE, Ed. C.A. - adopted 1976 with amendments
thru the1988 Legislature, sets forth the Education Code Analysis
of Title, Divisions, etc. of the General Education Code that a
paralegal could find the rules of construction to be used in matters
dealing with the educational system and the fundamental rights
of the welfare of the children; statutory provisions
against discrimination, and other Sections of the School Code
that are applicable.
ELECTIONS CODE The provisions set forth by the Code regarding elections prescribe specific regulatory procedures and principles governing elections, consolidated elections, and the territories, legislative bodies, and political subdivisions, and the presidential primary. A paralegal would follow the regulatory procedures of the Code: Elec. C.A., pp. Xi, xxv, Condensed and Detailed Analysis; Divisions and Chapters.
EVIDENCE CODE - EV.C.A. Analysis of Code, 1985, Sections 1-799, Sec. 300, "the applicability of Code.Except as otherwise provided by Statute, this Code applies in every action before the Supreme Court or a court of appeal, superior court, municipal court, or justice court --- and do not apply in administrative proceedings, legislative hearings, or any other proceedings unless some statute so provides . . . .Various code sections in the Evidence Code make the provisions of the Evidence Code applicable to a certain extent in proceedings other than court proceedings . . . The intention of the Legislature in enacting the Evidence Code was to create a generally applicable body of evidence law. The paralegal could use the provisions of the Evidence Code regarding admissibility of relevant evidence by the trier of fact in civil and/or criminal proceedings when applicable.
FAMILY CODE Derring's Ann. Fam. Code - the Family Code was enacted in 1992 and became operative 1994; and was the result of the Legislature's direction to the Law Revision Commission to review statutes relating to the adjudication of child and family civil proceedings and establishment of a Family Code. A paralegal would find this Code invaluable in researching all facets of family law.
FINANCIAL CODE - Fin. C.A. Sections 1-4999, adopted
1951, with amendments by the Legislature, 1988, Analysis of organization
of General Provision, Divisions, Chapters, Articles, Section Codes
of major topics to include Banks, Branch offices, and ATM machines,
Deposits, Trust companies, Safe Deposit, Foreign banks, Traveler's
checks, Sale, Merger, Conversion, Liquidation, Conservatorship,
Dissolution, Reorganization, Small Business Loan Program, Depository
Corporations, Merger and Conversation. A paralegal applying Sec.
101, laws applicable to corporations to be applicable to banks
and can apply the regulatory statutes affecting commercial welfare
and business interests under the proper subject of legislative
regulation.
FOOD AND AGRICULTURE CODE, Fd. & Ag. C.A. Adopted 1967, sets forth in Sec. 3, "the purpose; construction; civil cases; criminal cases, the purpose of promoting and protecting the agricultural industry of the state and for the protection of the public health, safety, and welfare. A paralegal in using the provisions of this Code in all civil actions, applicable, and in criminal actions whereby the rule of construction set forth in Section 4 of the Penal Code shall be the rule of construction for this Code.
HARBORS AND NAVIGATION CODE - H. &. N. C. A., Adopted 1937 - Sec. 1-End, consolidates and revises the law relating to harbors, ports, and navigation and related matters. A paralegal can research the Code pertinent to Dept. of Boating and Waterways Commission, Harbors, ports, navigation, municipal port districts, and all matters applicable.
INSURANCE CODE - Deering's Ann. Ins. Code, Adopted 1935, it consolidates and revises the law regulating insurance contracts and the business of insurance. A paralegal can use this Code in researching the provisions governing protection and rights of all insurance policy holders.
FISH AND GAME CODE F. &. G.C.A. was enacted in 1957 at the Regular Session of the Legislature and became effective September 11, 1957. This Code makes available to the researcher extensive information in the Divisions, Chapters, Articles of the Codes Analyses. The paralegal will find legislature for purpose of conserving and protecting fish and game.
GOVERNMENT CODE - Gov. C.A. Enacted 1943, consolidated
and revised the law relating to the organization and maintenance
of a system of state and local government.
The paralegal can research, amongst other things, the Code Analyses
for General Provisions, Divisions and Section Code thereof for
public policies, Administrative Decisions, etc.
HEALTH & SAFETY CODE - H.& S.C.A. The Legislature enacted the Code in 1939, relating to the preservation of the public health and safety, including the health and safety of persons, custody and disposition of dead bodies, the safety and protection of property, etc. The paralegal when doing research couldfind the laws governing all the above, etc.
LABOR CODE - Lab. C.A. - Enacted 1937. It revises and consolidates the law regulating labor and employment relations. In researching the Labor Code Analysis and the General Provisions, Divisions, Chapters, Section Codes, the paralegal can find the statutes regulating labor law.
MILITARY AND VETERANS CODE, Mil. & Vet. C.A., adopted 1935, Section 1-End, consisting in condensed analysis of Divisions, of Administration of Military and Veterans Affairs, the Military Forces of the State, Emblems and Decorations, Extraordinary Commission on the Vietnam Veteran, Veterans' aid and Welfare; Institutions, Buildings and Memorials, National Defense, and Veteran's Welfare. A paralegal can research the laws and regulations pertaining to these Divisions, Chapters, Articles, and Section Codes.
PENAL CODE - Pen. C.A. - Enacted in 1872. The attempted
revision of the Penal Code was regarded as never having taken
effect. The headings to Divisions, parts, chapters, articles and
section headings appear in the code as enacted. This code makes
available to the researcher, or paralegal, extensive information
from the Title and divisions of the Act and is divided into three
Parts: 1. of crimes and punishments. 2. of criminal procedure,
and 3. Of the State prison(s) and County jails.
PROBATE - Prob., C.A., 1990 The California Probate Code enacted by Legislature in 1990. The General Rules of practice in the Code of Civil Procedure are governing procedural matters in probate court unless a special rule governing the circumstances at issue is provided in the Probate Code. A paralegal can research the rules interpreting statutes governing the application of practice rules in both general civil cases as well as probate proceedings, i.e., Section 24. "Beneficiary", et seq. Sets forth the meaning of Beneficiary or person's successor in interest . . .", and/or all other proceedings pertaining to estate, recordings, documents, etc. 26. Public Resources Code - Deering's Ann. Pub. Res. Code Enacted by Legislature in 1939, the Code consolidates and revises the law relating to the conservation, utilization, and supervision of natural resources. A paralegal can research these codes for the statute governing the above applicable to natural resources.
PUBLIC CONTRACT CODE - Deering's Ann. Pub. Con . Code,
enacted 1981 with substantial additional legislation 1982-1984.
Contains legislature governing Public contracting. In the Public
Contract Code Analyses the paralegal or researcher can find regulations
governing administrative provisions, contracting by state and
local agencies, etc., and under the Section
Codes.
PUBLIC UTILITIES CODE - Pub. Util. C.A. - In 1951 the
Legislature enacted the Public Utilities Code regulating public
utilities and other regulated businesses and matters incidental
to it.
The Public Utilities Code Analysis provides the Divisions, Chapters,
Articles, Section Codes, General provisions and Definitions regulating
all matters pertaining to public utilities to help the researcher
or paralegal .
REVENUE AND TAXATION CODE - Rev. & Tax. C.A. Enacted by Legislature 1939 and became effective 2-1-41. This Code relates to taxation and the raising of revenue , and a aralegal can apply the governing tax laws in research.
STREETS AND HIGHWAYS CODE -Sts. & H. C. A. Enacted 1935, consolidates and revises the laws relating to public ways, and all appurtenances thereto. The paralegal researching can find the provisions in the Divisions, Chapters, Articles and Section Codes of the Detailed Analyses.
VEHICLE CODE - Veh. C.A. - Vehicle Code Analysis 1984 provides in its General Provisions, Divisions, chapters, regulating and governing laws, all matters pertaining to operation of motor vehicles and responsibilities, etc.
WATER CODE, WAT. C. A. Enacted 1943, it consolidates
and revises the law relating to water, including the use of water,
the acquisition and control of water rights, the control and utilization
of water, the distribution of water, the supervision of dams,
the use of and rights in streams, wells, pumping plants, and conduits,
and the establishment and operation of public
districts relating to water. A paralegal can research these Codes
to use the governing statute.
WELFARE & INSTITUTIONS CODE - W.I.C., Enacted 1937. It consolidates and revises the law, relating to protection, care, and assistance to persons in need. The paralegal could uses this Code to see what the law is regulating any of the provisions as set forth in the W. & I. Code analysis, i.e., Administration of Welfare and Institutions, Section 100
UNEMPLOYMENT INSURANCE CODE - Unempl. Ins. C.A. The
first major legislation addressing assistance for the unemployed
was expressed as in Section 1, "the purpose to accumulate
a reserve to assist in protecting the public against the social
effects of unemployment which may be created in future years.
Section 2 of the act made reference to the national plan of unemployment
reserves and social security and made the operation of the Act
contingent upon federal legislation; thus the U.I.C. A paralegal
can follow the governing rules in researching
unemployment insurance laws; especially if she gets fired.
The above overview is provided courtesy of Phyllis Gordon/Law
10 Student-Spring 1998 Semester.