California Evidence Code 311 – If the law of an organization of nations, a foreign nation or a state …
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If the law of an organization of nations, a foreign nation or a state other than this state, or a public entity in a foreign nation or a state other than this state, is applicable and such law cannot be determined, the court may, as the ends of justice require, either:
(a) Apply the law of this state if the court can do so consistently with the Constitution of the United States and the Constitution of this state; or
Terms Used In California Evidence Code 311
- Action: includes a civil action and a criminal action. See California Evidence Code 105
- Law: includes constitutional, statutory, and decisional law. See California Evidence Code 160
- Public entity: includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation, whether foreign or domestic. See California Evidence Code 200
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- State: means the State of California, unless applied to the different parts of the United States. See California Evidence Code 220
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) Dismiss the action without prejudice or, in the case of a reviewing court, remand the case to the trial court with directions to dismiss the action without prejudice.
(Enacted by Stats. 1965, Ch. 299.)