48

The law does have examples They are called “judgements” Every case decided by a court is an example, in common law jurisdictions at least. When those cases are decided by an superior court they become precedents - binding “examples” on courts in their hierarchy and persuasive “examples” on other courts. When you go to a lawyer for advice, she doesn’t just ...


17

The problem with examples is that they shift our attention from the words that comprise the law, to the actual examples used. For example, the term "press" as used in the First Amendment used to refer to a particular means of dissemination text and images, which literally pressed ink onto sheets of paper. Technology has expanded in such a way that there only ...


15

Laws can and do include examples Laws can and do include examples - for example, searching for the incantation "including but not limited to" in legislation draws up thousands of cases where laws have included examples of some things or activities. Some random cases: As used in this chapter, “aquaculture” means the culture and husbandry of aquatic ...


6

tl;dr: no, they're not law yet. Background The two bills are different. A5217 proposes to create a juvenile alternative to the current community service program, and A1969 proposes changes to the state's anti-bullying law. It looks like they've reassigned the number "5217." The correct version of A5217 is at this link. A bill becomes law when signed into ...


5

Why does the US FLSA have a separate classification for “Computer Employees”? Based on the rationale in 29 CFR 541.3(a), one may infer that FLSA seeks to protect workers who perform work involving repetitive operations with their hands, physical skill and energy [...] [where] the skills and knowledge required for performance of their routine manual ...


5

what is the state of the law with the valid parts of Bill B? If by "valid" you mean the sections which are unrelated to Bill/Law A, then they retain their status just as if the court had not stricken the unrelated legislation. For instance, see *Loeb v. Columbia Township Trustess, 179 US 472, 490 (1900) regarding invalid sections: "One part may stand, ...


4

The key word is "uses". What does it mean to use a passport? It means providing it as evidence of identity. No one acting in a movie is attempting to convince anyone else - in real life - of their identity with a simulated passport. Nor is anyone impersonating a police officer or kidnapping anyone or falsely accusing anyone in the normal process of making a ...


3

Both contain the text "This act shall take effect immediately," which means it becomes law immediately when one of these actions occur: The Governor signs it The Governor vetoes it, but he Legislature overrides the veto by a vote of at least two-thirds of the members of each House


3

SCOTUS has at least three times found that it is necessary for a defendant to be present at the beginning of a criminal trial in order to satisfy the Constitutional mandates regarding due process. So the simple answer is that a defendant must be present during a criminal trial because without his presence no trial can begin. However, once a trial has begun ...


3

I think it's because defendants could avoid trial to prevent identification, or to otherwise improperly disrupt the course of the proceedings: Despite some earlier authority to the contrary, courts now agree that the right to be present guaranteed by the federal constitution can be waived or forfeited in capital, as well as non-capital, cases. ...


3

The Theft Act 1968 replaces the Larceny Act 1916, which replaces in part the Larceny Act 1901, ad nauseum. In the current act, the exception is accomplished in the definitions section. Redefinition is a device commonly used by legislatures to clarify intent, where traditional wording does/did not express the desired prohibition. In addition, a special ...


2

I cannot provide a reason based on English law, but possibly the explanations provided for the former (until 31.12.1974) German law may assist. The concept was called Mundraub (Wikipedia, German and Norwegen only). petty theft (of food) is a colloquial term and no longer used by German law, which had the theft or misappropriation of food or beverage or ...


2

Why does s 4(3) count this out as theft? Because it does. Statues that say X is a crime except if Y are very common. Why the drafters of the law decided this is off-topic for this site. If I had to guess, it’s probably because collecting wild food was considered a common law right.


2

“I know it when I see it” is perfectly sensible law The application of the law is not algorithmic, it involves discretion all the way down. The legislature established a general rule which will allow judges and jury’s to “know it when [they] see it” in individual cases. The words the use take their common English meaning unless they are defined in the ...


2

Here on Law SE, we can answer questions about what the law is. We cannot be so eager to answer why it is what it is. While the basic purpose of the right to be present during trial, and to have a jury trial, is to protect the defendant, other purposes may be served as well. In particular, it is often said that a jury may and should evaluate the appearance ...


2

Exactly how and where credit must be given depends on the exact terms of the license, and may not be the same for all permissive licenses. The various CC licenses require that attribution be given ... in any reasonable manner based on the medium, means, and context ... Other licenses may have more specific requirements. But even where the content used is ...


1

When you refer to "laws" here, you mistakenly assumed that all "laws" are statutes (laws adopted through the legislature / political process). Statutes are adopted and/or changed over time and the necessity of legislative history has changed with society. There are many statutes that are never changed simply because they are not controversial. There are ...


1

Does expended refer to by the Board of Public works? Yes. If one has funds that remain unexpended but no funds that are not unencumbered, are the funds unexpended subject to cancelation? As an example: $1,000,000 proceeds; $600,000 expended; $1,000,000 encumbered by the Board. Are the $400,000 unexpended funds subject to cancelation? No.


1

[W]hy isn't there an official system to record it? Existing Systems Sometimes there is. For example, the Uniform Commercial Code and many of the other Uniform and Model Act that are adopted by state legislatures has an official commentary which is often adopted officially by the legislature along with the Act. It isn't uncommon for legislation to include ...


1

The current law as encoded in 18 USC 1832 is the result of Pub. L. 104–294 Title I passed in 1996, then amended in 2012 and again in 2016. Legislative intent is irrelevant to the question of extraterritorial jurisdiction. In Morrison v. Nat. Australia Bank, 561 U.S. 247 (and prior decisions), the court held that It is a “longstanding principle of American ...


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