A writ of prohibition is a court order that stops a tribunal or officer from acting without or beyond its legal authority. It is an extraordinary remedy used when ordinary legal remedies are inadequate. Unlike corrective remedies, prohibition is preventive because it seeks to stop an unauthorized proceeding or action before it goes further. Unlike… Read more »
An appeal is not a second trial. A California Court of Appeal does not rehear the case or examine witnesses. It also does not consider facts outside the existing record. Instead, it reviews the record to determine whether legal error occurred. The record controls the arguments an appellant can raise. It also determines which evidence… Read more »
Should public schools be allowed to fire ineffective teachers? Most people would likely answer that question in the affirmative. But for years, California schools have been essentially forbidden by state law from dismissing even the worst teachers without a fight. Thankfully, Vergara v. California might change that soon. This week the Los Angeles County Superior… Read more »
