Legal Question in Appeals and Writs in California
Appellate Opinions-- Factual and Procedural History
In the California Appellate Courts opinion in the section titled the Factual and Procedural History does this section denote the judgment of the Appellate Court? --Also, what does the term internal citations ommitted mean and what effect if any, does this have on the case?
1 Answer from Attorneys
Re: Appellate Opinions-- Factual and Procedural History
The factual and procedural history is just that - it is the background of what happened between/among the parties and what occurred in the trial court (how did the case resolve in the lower court and get to the appellate court.)
The judgment of the appellate court is usually at the very beginning and always at the end - reversed, affirmed or partially each. The discussion section is the appellate court's reasons and analysis of why it decides as it does.
Internal quotations omitted is used when the opinion quotes from another opinion or publication, and the original material contained quotes itself which the opinion leaves out. It is just a grammatical explanation with no substantive legal effect.