Re: L&I Any ideas or help would be appreciated

[Linda D. Misek-Falkoff, Ph.D., J.D.]

"Linda D. Misek-Falkoff, Ph.D., J.D." <[EMAIL PROTECTED]> writes:


Sue - did I miss this - does the criminal Ward case cite to
(awknowledge) the civil law allowing a "person" reading to an unborn
child? My impression was that you had found inapposite law', that is
they are not compatible laws, but they are not being cited in the same
case. 

My impression was that Ward relies on Civil Law (including Family Law)
and so the Civil Code bestowing personhood on the unborn could be
relevant.  But did a lawyer bring this us in Ward. or did the court
itself do so sua spone (on its own initiative? I'd thought not, but will
go back and look.   Let me know! Cheers, :) LDMF.
--------------------Sue Hartigan wrote:--------------------------------
> 
> Sue Hartigan <[EMAIL PROTECTED]> writes:
> 
> Hi Dr. L.:
> 
> Now I am dizzy. LOL
> 
> On the California Law Page,  http://www.leginfo.ca.gov/calaw.html ,
> there are 29 different sections each dealing with different aspects of
> the law.  Family, Civil, Penal, Vehicle, etc.
> 
> I did find out that it didn't matter if it was a family law, civil law
> or whatever it could be used in a felony case.  In other words just
> because a law is a civil law, does not mean that it can't be brought
> into a felony murder case.
> 
> Is that what you mean.  :)
> 
> That basically is why I am so confused by this decision.  They are
> saying under the family code that a fetus is not a child, and then they
> are turning around and saying under the civil code that a fetus is a
> child.  I realize that they are using the definition that best suits
> their purpose in making the law they are referring to, however it can't
> be two ways, IMO.  Either the fetus is a child or it isn't.
> 
> Sue
> >
> > You don't seem confused to me, Sue, you seem modest. But HERE is
> > confused: in the Ward criminal case they seem to rely on Civil Code,
> > that is Family Law code, do they not? I am not familiar with California
> > Law, but hereabouts Family Law is  considered civil code -- and it can
> > be used in conjunction with penal code, which conjoining, however, does
> > not change its character. So THAT's confused. :) :) L.
> 
> --
> Two rules in life:
> 
> 1.  Don't tell people everything you know.
> 2.
> 
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