Questions tagged [statutes]
The statutes tag has no usage guidance.
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Is it illegal to warm up your car?
According to this article, the Revised Code of Washington (RCW) 46.61.600 prohibits people from starting their cars in Washington State if they're unoccupied. However, it's a common practice for ...
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Would using a parasite be Assault with a Deadly Weapon?
What crime would be committed if an Offender inserted a parasite into a victim's ear? This would be involuntary and for malicious purposes. The outcome could range from short-term discomfort to severe ...
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Which legal system has more specific and generic laws? [closed]
With respect to the Common Law System and the Civil Legal System, which of these have more specific laws and which are more generic?
This question could also cover any other law systems in regards to ...
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what are the provisions in India's law that deal with interpretation of statutes?
There's a wide body of laws I've skimmed through -- such as Indian penal code, code of criminal procedure and Indian evidence act -- but none seem to have any provisions relating to rules of ...
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Can a court-declared unconstitutional law become valid when it's added to the constitution?
Idaho is one of the states with citizen initiative and referendum rights in the state constitution (hereafter referred to as "Init.".) State constitution changes are not allowed under this ...
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Where can one find an up to date copy of sections 212-215 of the Housing Act 2004?
Legislation.gov.uk has up to date copies of many laws as they are most recently amended, but not of the Housing Act 2004. Where can an up to date version of this law be found online or in person?
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What is meant by "through YYYY Leg Sess" in universal citations of statutes/laws?
Question
Let "YYYY" represent a variable for a given year, what does "through YYYY Leg Sess" at the end of a legal citation mean or signify?
Background and Due Diligence
In various ...
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Statutory Interpretation in Civil-Legal Systems?
There are several Statutory Interpretation rules which judges within the United Kingdom must follow when trying criminal cases under the Common Law system. These rules are used to prevent laws from ...
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Non-Residential Security Deposit Laws (Commercial Lease)
GOAL
The goal is to review relevant statute to ensure that the law has not changed since the publication of the citation provided below.
DEFINITIONS
In order to protect housing renters, there are many ...
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3
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How are statutes cited in a trial?
When an argument in a court case relies on the specifics of a statute, and that case goes to trial, how does that statute typically get presented to the opposing party and the judge? Does the ...
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Is discussing sexually explicit content in public a crime?
I am curious as to whether there is any prohibition, in England & Wales, on discussing sexual content in public. The public location could include a street outside, or perhaps an office ...
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What are statutory schedules and why are they so named?
For example housing act 1988 has schedule 2. But what is a schedule and what differentiates it from a section or a chapter or an annex?
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Bluebook citation to Virgina Statute
The staute that I am citing:
What I think the citation is:
Va. Code Ann. § 18.2-30 (2021).
However, I am unsure about what the year would be and if there is a supplemental or even what is the ...
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What is the difference in England between regulations and an Act?
In England for example sometimes are cited the coronavirus regulations rather than say the Highway and safety Act. What are the differences between these two types of instruments?
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Why does the Sale of Goods Act 1979 haphazardly waver between transferring PROPERTY vs. TITLE?
It feels haphazard for the SGA 1979 to oscillate between referring to transfer property most times, but title other times. Can you please ratiocinate these oscillations?
What happens if you replace ...
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What consitutes a violation of this Hawaii agricultural law?
When arriving onboard an airplane, every passenger is given out the Hawaii Agricultural Declaration Form that states the following:
YOU ARE REQUIRED BY STATE LAW TO FILL OUT THIS AGRICULTURAL ...
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How to Search Convictions by Statute Section
Where online can one find a database of convictions that allows one to search convictions by statute section?
I am in Oregon, and am trying to find conviction records held by state court or government ...
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Help with law vocabulary. The use of the word "enact" and definition of consolidating statutes in UK law
This might sound like a stupid question, as it is probably a very easy question. It's just I am new to studying law and want to get the vocabulary right. I am mostly a science and math orientated ...
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How to find Statutes at Large pincite for a new law?
Is it possible to find the page in United States Statutes at Large that corresponds with the Public Law section for a new statute?
The specific law in question is:
Johnny Isakson and David P. Roe, M.D....
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How can you know if a newer statute is referencing another statute, if the newer statute doesn't explicitize this?
I'm nonplussed. Please see the subject line of this question, and emboldening below.
How can you know which older statute is being referenced (by the newer statute)?
What statute is s 11(4) of UCTA ...
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Can Congress provide a binding interpretation of the USA Constitution by statute?
The Eight Amendment of the USA Constitution forbids the imposition of "cruel and unusual punishment".
Can Congress enact a statute which says "The death penalty is cruel and unusual&...
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fortune-telling a NY crime, is it a dead letter?
Fortune-telling for pay is a misdemeanor in New York State if "he claims or pretends to tell fortunes, or holds himself out as being able, by claimed or pretended use of occult powers, to answer ...
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does false statement statute really reach this far?
The Federal statute against false statements at 18 U.S.C. 1001 seems to ban almost any lie that gets reported to the executive or judicial branch (the legislative branch is treated more narrowly).
...
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Can you be compelled to testify in English?
This is inspired by this question. Assume that a person has been subpoenaed to testify in a case (either civil or criminal – the person is not the defendant or a party in the case), and the person ...
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Legal definition of commerce?
When a law refers to commerce (e.g. interstate/foreign commerce), is this only a reference to economic activity? Or does it refer more generally to forms of communication?
Considering 18 U.S. Code § ...
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Official dictionary of the U.S. judiciary system?
Someone recently mentioned the "plain meaning" rule in one of my questions about statutory interpretation. Is there an official dictionary - like Merriam-Webster - that judges are supposed to rely on? ...
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The "focus" of a statute (RJR Nabisco v. European Community)
In the US Supreme Court's decision in RJR Nabisco v. European Community, the court utilizes a two-step framework for analyzing matters of extraterritoriality. In the second step of this framework, the ...
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Can the trial court's jurisdiction over new trial motion be extended by itself on the basis the court "tolled statutory time limit" due to COVID-19?
This is a family court DV case in CA, which a trial was held and both parties prevailed in prosecution but failed in defense. After the trial, a party timely filed a new trial motion seeking a new ...
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Statutory authority to order business to close their doors
In Maryland, Governor Hogan just ordered with "the full force of law" all restaurants, bars, movie theaters, gyms, etc. to close their doors to the public starting at 5 p.m.
What is his statutory ...
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Can a contract overpower a statute?
In essence, contracts are supposed to abide with statutes. But is there a way for a contract to overpower the laws passed by a legislative body? (e.g. Regulation of minimum wage)
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In England & Wales, how much latitude is there in the phrase "at business premises" in VERA S.29(2C)?
In the Vehicle Excise and Registration Act 1994 (as amended), Section 29, Subsection 2C, an exception is made to the offence of using or keeping a vehicle which is unlicensed, "if the vehicle is kept ...
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AR Code § 21-8-402 (2018)
I am concerned the wording that appears in 21-8-402 5.B.vii may be too vague.
Included below for your convenience.
(vii)
(a) Anything with a value of one hundred dollars ($100) or less.
(...
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Being charged with driving while impaired, in the state of Minnesota? While prescribed desoxyn
Or while being prescribed desoxyn by a doctor, Is there a limit of methamphetamine in one's system that can allow one to drive and not be charged with driving while impaired, in the state of ...
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Are any British or English Acts of Parliament still in force in the United States?
In Australia, which has a very close legal history with the United Kingdom (diverging completely only as late as 1986), some Acts (or part thereof) of the UK Parliament (and its antecedents, the ...
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Conflicting terms and the definition of a «child»
This is similar to this question but applies to a specific scenario.
In the Norwegian allotment garden community I belong to, a young child recently lost her mother to cancer. The statutes say that a ...
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Does statute take precedence over case law (in the US)?
Hypothetical situation:
An US court decides a case for which there is no statute nor previous court decision (precedent) which would provide how the case should be decided (resolved). So the court (...
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Why is Pacific Beach, San Diego County specified in CA PRC §14571.4
CA PRC §14570 - 14575.1 addresses the RETURNS portion of the CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT. Throughout the statute is generic for the state until §14571.4 where it ...
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Defining good faith
“‘Good faith’ means honesty in fact in the conduct or transaction concerned.” OCGA §11-1-201(19).
“‘Good faith’ in the case of a merchant means honesty in fact and the observance of reasonable ...
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How can a cash sale result in a voidable title?
§ 2-403. Power to Transfer; Good Faith Purchase of Goods; "Entrusting".
Please look at the statute above. It is fairly short. There is a link to it here: https://www.law.cornell.edu/ucc/2/2-403
I am ...
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Could the USA abandon common law?
I understand that the USA has a "common law" system and that ambiguous written legislation is turned into unambiguous law by courts, such as has happened in many famous Supreme Court rulings....
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Enforcement/development of state statutes [closed]
These are high-level and theoretical questions from someone who is not familiar with how the legal system works.
The questions are best understood in the context of an example.
Let's say Billy is an ...
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Meaning of "The right to disclaim property or an interest therein is barred by..."?
I am reading Utah Probate Code, 75-2-801 Disclaimer of property interests -- Time -- Form -- Effect -- Waiver and bar -- Remedy not exclusive -- Application.
Can someone state in plain English the ...
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Where is the rule guidance on implementing the Collin's amendment?
BACKGROUND
The Dodd–Frank Wall Street Reform and Consumer Protection Act was signed into United States federal law by President Barack Obama on July 21, 2010. Section 171 known as the Collins ...
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what are the fines for negligent administration of social security numbers?
Years ago (about 2001) I read a USC statute that stated that the fine for negligent storage of social security number could result in a $10k 'per record' fine.
I have been looking for this USC or ...
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Why "it is unlawful for X to do Y" rather than "it is illegal for X to do Y"?
It is said that unlawful means "not permitted by law" and illegal means "forbidden by law".
However, I cannot recall ever seeing the phrase "it is illegal to ..." when reading legal text. Instead, ...
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Naive approach to aggregating all US Federal Laws?
I'm a software developer and I've recently found myself curious about the US Federal Laws. There's a seemingly unsolved question of "How Many Federal Laws Are There?" (https://blogs.loc.gov/law/2013/...
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How to determine if statutory interpretation in a court opinion dictum or holding?
Recently I was looking at a case in the Federal courts that was appealed, then reversed and remanded back to the District trial court that first heard the case.
I'm interested in a passage from the ...
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Congressional History and Legislative Intent of Statute 18 U.S.C.1832
To start off, I am only a high school student helping a friend of mine with a little predicament. She has asked me to research about the Congressional history and the legislative intent of a statute: ...
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How many lines of text in all currently active federal laws of US?
LOC (lines of code) is a useful measure of amount of work done in software development. It works well when comparing orders of magnitude. Hello world: 1-10 LOC. Tetris: 100-200 LOC. Gmail: 1 Million ...
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Managing member can not speak for their LLC in court?
Edit: I feel like there is a misunderstanding in my question. She is the business owner and really the only representative of the business; but still the judge said that a person can not speak for the ...