What is the name of your state (only U.S. law)? California
A certain court has a local rule that outlines a set of procedures for obtaining discovery. California state law regarding discovery outlines a different procedure and does not allow for local exceptions. To compare with an example, Government Code 26500 states that unless otherwise provided by law, the district attorney is the public prosecutor. A local rule stating that someone else is the prosecutor is therefore perfectly legitimate. Penal Code 1054, however, is not written with such language, so any local exception is in conflict with state law and... therefore invalid?
What do you call such a situation? If this state law were written into the constitution, you'd call the local exception "unconstitutional", but that's not the case here. I can similarly come up with, at the very least, case law that establishes the superiority of federal law over state law, when they are in conflict. What's a nice legal term for such "superiority" in general, or when it comes to state vs. local law? Is there an actual law that says local rules may not contradict state law, or is it just (my take on) common sense?
A certain court has a local rule that outlines a set of procedures for obtaining discovery. California state law regarding discovery outlines a different procedure and does not allow for local exceptions. To compare with an example, Government Code 26500 states that unless otherwise provided by law, the district attorney is the public prosecutor. A local rule stating that someone else is the prosecutor is therefore perfectly legitimate. Penal Code 1054, however, is not written with such language, so any local exception is in conflict with state law and... therefore invalid?
What do you call such a situation? If this state law were written into the constitution, you'd call the local exception "unconstitutional", but that's not the case here. I can similarly come up with, at the very least, case law that establishes the superiority of federal law over state law, when they are in conflict. What's a nice legal term for such "superiority" in general, or when it comes to state vs. local law? Is there an actual law that says local rules may not contradict state law, or is it just (my take on) common sense?
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