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NTY OF SAN FRANCISCO1 DIVISION TERM 5 6 7 8 CASE No. (3RD APPEL. No. C 037374) Robert Lindsay; Cheney Jr. APPELLANT / PETITIONER Accused and Aggrieved Party 9 10 12 13 14 15 16 (Sup.Ct. No. CR 25413) Against 11 THE PEOPLE OF THE STATE OF CALIFORNIA, By their Attorney, Michael L. Ramsey, District Attorney for the County of Butte Respondent/Contemnor (Undefined) COUNTY OF BUTTE, Butte County Consolidated Court System, Superior Court , Gerald Hermansen Judg.

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When the proper court determines that a legislative act (a law) conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. This is called judicial review.

Any claim or cause of action predicated on a right or duty established by the Constitution.

An as-applied challenge alleges that a statute or regulation is unconstitutional in a specific context. A plaintiff in an as-applied challenge is not arguing that the entire statute is unconstitutional, but instead that it is being applied in an unconstitutional manner.

"The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it.No one is bound to obey an ...

To challenge the constitutionality of a statute, a plaintiff must have standing, a necessary component of the court's subject matter jurisdiction. Standing requires a real controversy between the parties that will be actually determined by the judicial declaration sought.

When the proper court determines that a legislative act (a law) conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. This is called judicial review.

In U.S. constitutional law, a facial challenge is a challenge to a statute in which the plaintiff alleges that the legislation is always unconstitutional, and therefore void. It is contrasted with an as-applied challenge, which alleges that a particular application of a statute is unconstitutional.

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© Copyright 1997-2025
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
Content Takedown Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
Industries
Forms in Spanish
Localized Forms
State-specific Forms
Forms Kit
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232