What Is a Proviso in California Law?

January 21, 2023 7:59 amJanuary 21, 2023 8:01 am

Have you heard the term “proviso” in describing a provision of a bill or statute? Basically, a proviso is language used to exempt something from a general statutory declaration and to provide for it specially. Some legal commentators believe that...

Business Rights in California Law

January 12, 2023 7:33 amJanuary 12, 2023 7:36 am

California’s Business and Professions Code sets forth a number of “business rights” under Division 6, which include good will, state trademarks, and trade names and designations. Chapter 1 of Division 6 concerns “good will” and these provisions have been in...

Who Is an Employee Under California Law?

September 28, 2022 7:08 amSeptember 28, 2022 7:11 am

One of the key principles in legislative drafting is consistency in language, including definitions. In looking at who is an employee, there lacks the same definition across state law. In fact, California law provides over 100 different definitions of “employee”...

What Is a Business Under California Law?

September 26, 2022 6:25 amSeptember 27, 2022 10:22 am

One of the key principles in legislative drafting is consistency in language, including definitions. In looking at who is a business, there lacks the same definition across state law. In fact, California law provides dozens of different definitions of “business”...

Did You Know This About California Law?

August 3, 2022 6:21 amAugust 3, 2022 6:24 am

In reading through California statutes contained in the state’s 29 Codes, I have come across several interesting(?) sections of laws. The following are some examples: Do California use Latin terms in its statutes? Yes, in several instances. For example, Business...

Uniform Acts in California Law

July 18, 2022 5:29 pmJuly 18, 2022 3:31 pm

Like most other states, the California Legislature has occasionally enacted “uniform acts,” which are standardized statutes that are used among the states to ensure consistency in their provisions and how these statutes are utilized. The following are some examples of...

Drafting a New Program in California Law

March 23, 2022 7:00 amMarch 23, 2022 7:04 am

California legislators regularly propose creation of a new program in state government and the Office of Legislative Counsel is required to draft such bills. A bill that creates a new program in this state has several component parts, usually including...