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CHAPTER.13
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Evidence
Admissibility
"As a matter of strict right, either party litigant has the
right to the unbiased opinion of the trial judge, based upon legal
evidence." Rulofson v. Billings (1903), 140 C. 452, 74 P. 35.
Knowledge of the Law
"Ignorance of the law does not excuse misconduct in anyone,
least of all in a sworn officer of the law." In re McCowan (1917),
177 C. 93, 170 P. 1100.
"All are presumed to know the law." San Francisco Gas Co. v.
Brickwedel (1882), 62 C. 641; Dore v. Southern Pacific Co. (1912),
163 C. 182, 124 P. 817; People v. Flanagan (1924), 65 C.A. 268, 223
P. 1014; Lincoln v. Superior Court (1928), 95 C.A. 35, 271 P. 1107;
San Francisco Realty Co. v. Linnard (1929), 98 C.A. 33, 276 P. 368.
"It is one of the fundamental maxims of the common law that
ignorance of the excuses no one." Daniels v. Dean (1905), 2 C.A.
421, 84 P. 332.
Materiality
"Evidence on the part of the defendant to disprove what the
plaintiff has failed to allege and prove, and which was necessry to
sustain his cause of action, is properly excluded as immaterial."
Marriner v. Dennison (1889), 78 C. 202, 20 P. 386.
"Evidence which is not pertinent to the issues raised by the
pleadings is immaterial, and allowing its introduction constitutes
error." Fuentes v. Tucker (1947), 31 C.2d 1, 187 P.2d 752.
"Court should admit no evidence that is not material, and by
admitting evidence, over objection, it necessarily determines that
it is material." Schmidt v. Macco Const. Co. (1953), 119 C.A.2d
717, 260 P.2d 230.
"The rejection of immaterial evidence does not constitute
error." Moore v. Moore (1885), 2 C.U. 510, 7 P. 688.
Presumptions
"There is no presumption that United States citizen knows law
of foreign country." Tavares v. Glens Falls Ins. Co. (1956), 143
A.C.A. 864, 300 P.2d 102, hearing denied.
"Presumptions are indulged to supply the absence of facts, but
never against ascertained and established facts." Boggs v. Merced
Min. Co. (1859), 14 C. 279, 375 err dismd. (1866) 3 Wall. (U.S)
304, 18 L.Ed. 245.
"No party can claim the right of a presumption against his own
admission under oath." Braselton v. Vokal (1921), 53 C.A. 582, 200
P. 670.
"Presumptions are purely creatures of the law." Davis v.
Hearst (1911), 160 C. 143, 116 P. 530.
"A presumption cannot be based upon a presumption." Walsh v.
American Trust Co. (1935), 7 C.A.2d 654, 47 P.2d 323.
Authority
"The presumption of law is that a condition of things once
shown to exist continues until some charge is made to appear."
Page v. Rogers (1886), 31 C. 293.
"A status once established is presumed by the law to remain
until the contrary appears." Kidder v. Stevens (1882), 60 C. 414,
overruled by Vance v. Anderson (1896), 113 C. 532, 45 P. 816;
Eltzroth v. Ryan (1891), 89 C. 135, 26 P. 647; Metteer v. Smith
(1909), 156 C. 572, 105 P. 735.
NOTE: YOUR REVOCATION OF POWER OF ATTORNEY IS THE EVIDENCE OF A
CHANGE IN STATUS WHICH IS CONTRARY TO THE PRESUMPTION THAT YOU ARE
A "resident of california."
Judicial Notice of History
"Every judge is bound to know the history and the leading
traits which enter into the history of the country where he
presides." Conger v. Weaver (1856), 6 C. 548, 65 Am. Dec. 528.
"Courts are bound to take notice of matters of public history
affecting the whole people" Payne v. Treadwell (1860), 16 C. 220.
"The history of the state is a matter of which courts will
take judicial notice." Gray v. Reclamation District No. 1500
(1917), 174 C. 622, 163 P. 1024.
"The supreme court takes judicial notice of public history."
San Diego v. Cuyamaca Water District Co. 1930), 209 C. 105, 287 P.
475, discussed in C.L.R. 672.
Prosecuting and District Attorneys
"A prosecuting attorney is a public officer, because he
represents the sovereign power of the people of the state by whose
authority and in whose name, under Const. [1879] Art. 6, 20, [1849
- Art. 6, 7], all prosecutions must be conducted, and not because
of his relation to the court." Fleming v. Hancey, 153 C. 162, 94
P. 620.
"District Attorney is public prosecutor and must attend courts
and conduct, on behalf of the people, all prosecutions for public
offenses, and when not engaged in criminal proceedings, in superior
court or in civil cases on behalf of the people, he must attend
upon magistrates when requested by them and perform other specific
duties." 15 Op. Atty. Gen. 231.
"It is the duty of the district attorney to file complaints
and prosecute misdemeanor violations of statutes in cities where
there is no city prosecutor or where the city prosecutor is
disqualified or unable to prosecute or when the statutes are not
being uniformly or adequately enforced." 20 Op. Atty. Gen. 234.
"A person not licensed to practice law by any court is
eligible to the office of district attorney." People ex. rel.
Galvin v. Dorsey (1860) 32 C. 296.
"The District Attorney has the right to institute proceedings
and to prosecute pending cases, which rests primarily on evidence
procured by police methods constituting unreasonable searches and
seizures in violation of Article I, 19 of the California
Constitution and the 14th Amendment to the United States
Constitution, and does not subject himself to either civil or
criminal liability by so doing, but he is not required to institute
or prosecute such cases, if in his judgment such action will not be
for the best interest of the State." 24 Op. Atty. Gen. 95.
"A police officer who investigates pending criminal
prosecutions as an adjunct to the district attorney's office is not
functionally equivalent to a prosecutor; a police officer does not
occupy the same public trust as a prosecutor, is not an officer of
the court, and has none of the discretionary power of a prosecutor
in presenting the state's case in court. Accordingly, such a
policeman who suppressed exculpatory evidence in a criminal case,
resulting in a citizen's improper conviction, enjoyed no
prosecutorial immunity in a civil rights action (42 U.S.C. 1983)
brought by that citizen." Randle v. City and County of San
Francisco (1986, 1st Dist.), 186 Cal. App. 3d 449, 230 Cal. Rptr.
901.
"Persons employed by district attorney under authority of Pol.
Code 4307 (repealed. See West's Annotated Government Code 29600
et seq), to detect crime, are in no sense "deputy district
attorneys" in view of duties of latter as defined by 4153
(repealed. See West's Annotated Government Code 26500 et seq.).
Cunning v. Carr (1924), 230 P. 987, 69 C.A. 230.
See also Government Code 26500 et seq.
United States
"The term [United States] has several meanings. It may be
merely the name of a sovereign occupying the position analogous to
that of other sovereigns in the family of nations, it may designate
territory over which the sovereignty of the United States extends,
or it may be the collective name of the States which are united by
and under the Constitution." Hooven & Allison Co. v. Evatt, 324 U.
S. 652.
"With respect to the free white de jure citizens of the States
the United States is sovereign in respect to foreign affairs;
domestically only powers granted or reasonably implied from the
Constitution LIMIT its sovereignty to certain specific spheres."
U. S. v. Curtis-Wright Corp. (1936), 299 U. S. 304, 57 S. Ct. 216.