Questions tagged [statutes]

The tag has no usage guidance.

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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 ...
1
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1answer
79 views

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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1answer
25 views

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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0answers
68 views

The Lanham Act: how similar is too similar in trademarks

The Lanham Act prohibits the unauthorized use of a reproduction, copy, or imitation of a registered trademark in a way that "is likely to cause confusion" with the registered mark. One factor taken ...
1
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1answer
74 views

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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1answer
222 views

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 ...
3
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2answers
401 views

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. My ...
0
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2answers
81 views

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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2answers
62 views

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 ...
0
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1answer
157 views

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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1answer
49 views

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 ...
13
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2answers
3k views

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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2answers
215 views

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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1answer
106 views

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 ...
2
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1answer
96 views

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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2answers
158 views

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 ...
1
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1answer
246 views

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 ...
2
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1answer
202 views

Have there ever been any thought crimes?

Has there ever been anywhere a law criminalizing certain thoughts? The closest I can find is The Treason Act 1351, which is still in force in Britain today. This criminalizes compassing or imagining ...
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2answers
126 views

What is the purpose of this “Rule of construction” in a bill (H.R. 720)?

I'm reading the text of bill "H.R. 720: Lawsuit Abuse Reduction Act of 2017" as it was introduced on Jan 30, 2017 at govtrack.us. Sec. 2. (b) reads Rule of construction.-- Nothing in this Act ...
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1answer
69 views

Nomenclature question [closed]

A statute identifies of people (non developer)are entitled to elect at least majority of a governing body. Members other than the developer are entitled to elect at least a majority of the ...
0
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1answer
110 views

How does the U.S. Code organizational structure work?

The U.S. Code has the following organizational structure: Title > Chatper > Subchapter > Part > Section A good example of that is shown on the Cornell law site. How are these components actually ...
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1answer
63 views

Is a bylaw valid if there is an error in one of its whereas statements?

We have a bylaw that references another bylaw in one of the whereas statements. It says, "WHEREAS Bylaw 1638 provides authority for..." and it doesn't really matter what bylaw 1638 provides ...
3
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1answer
84 views

References to repealed bylaws?

Section 67 of the Municipal Government Act states: References to repealed bylaws A reference in a bylaw, enactment or document to a bylaw that has been repealed by the revised bylaws is, in ...
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3answers
92 views

Is there a way to get old bylaws off the books?

I'm doing some housekeeping in our bylaws, and we have a number of bylaws that aren't anything more than bylaws to rescind other bylaws. For example, in the municipality I represent we have this ...
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2answers
28 views

Law or guidance

I was having a conversation with our Chief of Police regarding their obligation to respond to a request for assistance. If a statute has no corresponding penalty is it considered merely guidance?
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1answer
128 views

Meaning of Florida statute history abbreviations

I'm trying to find out how to read the following abbreviations found in the short "history" section at the bottom of a Florida statute website. For example: "s. 54, ch. 88-1; s. 30, ch. 88-277; s. 36, ...
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1answer
997 views

In Missouri, can I sell 'non-hazardous' food from my kitchen?

RSMO Ch. 196 makes me think the answer is yes. In particular: A cottage food production operation is not a food service establishment and shall not be subject to any health or food code laws ...
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2answers
211 views

Texas District Attorneys - Law Is Merely A Suggestion?

Art. 2.01. DUTIES OF DISTRICT ATTORNEYS of the TEXAS CODE OF CRIMINAL PROCEDURE, CHAPTER 2. GENERAL DUTIES OF OFFICERS states: It shall be the primary duty of all prosecuting attorneys, including ...
4
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1answer
637 views

How does a prosecutor determine intent?

When prosecutors look at a statute, how do they determine the requirements to prove intent? For example, look at this statute: “Whoever knowingly and with intent to defraud, accesses a protected ...
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4answers
88 views

How to interpret the logical structure of a US legal statute's sub clauses

I am confused as to how to interpret the logical structure of US Statutes. The particulars don't interest me but the general question of whether the subsequent paragraph (starting with "in any grant")...
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1answer
91 views

Does the UK prohibition of 'dishonest' electricity 'abstraction' extend to other utilities?

The Theft Act 1968 prohibits the 'Abstracting of electricity' under s.13. What about other utilities? e.g. A neighbour secretly connects their hosepipe to a neighbours tap that is easily accessed (...
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2answers
98 views

Has “deceiving a machine” been prosecuted/defined in practice?

Alaska Statutes - Section 11.46.985 ("Deceiving a machine") states: In a prosecution under this chapter for an offense that requires "deception" as an element, it is not a defense that the ...
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2answers
68 views

Of how much consequence are preambles in national international and state constitutions?

Are there many cases where the content of a preamble has been decisive? Or are the preambles mostly for show?
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1answer
331 views

What is (or was) the difference between Louisiana's Civil Code and Revised Statutes?

As an example, Title V, Chapter 1 of the 1869 Civil Code was about the grounds for divorce. (This Chapter appears to be exactly the same in the 1882 Civil Code.) Section 1190 of the 1870 Revised ...