24

The key statutory tool is §14-303 of Title 14. Having previously declared a state of emergency, (b) After proclaiming a state of emergency, the Governor may promulgate reasonable orders, rules, or regulations that the Governor considers necessary to protect life and property or calculated effectively to control and terminate the public emergency ...


13

I found an example of "is illegal" in RCW 78.52.467: "If the department believes that any oil, gas, or product is illegal...". There are some examples of "shall be illegal", e.g. RCW 39.84.050 "It shall be illegal for a director, officer, agent", where "illegal" is used predicatively. I tenatively conclude than the latter kind of use is less frequent that ...


9

Assuming you mean methamphetamine, then the answer is no. It is illegal to drive with any amount of methamphetamine in one's body. The main Minnesota law on driving while impaired (DWI) is Section 169A.20 subdivision 1: It is a crime for any person to drive, operate, or be in physical control of any motor vehicle, as defined in section 169A.03, subdivision ...


7

Because we have synonyms. Also, one take is because, semantically, there is a difference in degree. Something illegal would be expressly proscribed by a law; something unlawful would mean something is not expressly authorized. Another take, however, says that illegal means against the law while unlawful is an act that is a contravention of rules in a given ...


6

You are confusing a few concepts. One is the distinction between what are known as "common law" jurisdictions derived from the English legal system, and "civil law" jurisdictions derived from one of the continental European legal systems that is ultimately derived from Roman law. Another is the distinction between determining the meaning of ambiguous ...


6

I presume that the document refers to "barn" and "barnebarn". Norway has forced heirship laws, which refers to offspring as "barn", not limited to those under the age of majority. Interpreted in the context of Norwegian law, there is no assertion in using the word that it grants a right to minors. When you add the additional condition that the recipient must ...


6

I don't believe there is a single "standard" dictionary that judges use. Presumably any well regarded and common one will do as long as it can be cited. You can see from Justice Alito's opinion in Intel Investment Policy Comm vs Sulyma that he references several dictionaries. Although ERISA does not define the phrase “actual knowledge,” its meaning is ...


5

The main impediment is identifying exactly what "a law" is. When people talk (casually) about "the law", that can refer to statutes enacted by Congress, regulations set forth by administrative agencies to articulate specifics of those statutes, and Supreme Court rulings as to what "the law" is or says. The canonical example of "a law" is a statute passed by ...


5

Early in the history of the US, various states passed laws adopting the then extant common law and at least some of the statutory law of Great Britain (much of which was in origin the Law of England) as law in those states. Such laws would still be valid, unless later acts had amended or replaced particular provisions. Tracing which provisions had since been ...


4

The part of the statute (which is part of an article of the Uniform Commercial Code model language applicable to the sale of goods) that you are discussing reads as follows: 1) A purchaser of goods acquires all title which his transferor had or had power to transfer except that a purchaser of a limited interest acquires rights only to the extent of ...


4

This would establish a new precedent (I assume) You assume correctly. However, a precedent is only binding on lower courts and persuasive on courts at the same level so a trial judge precedent is not very far-reaching. Does this statue takes precedence over (overrules) the previous court precedent? Not exactly. The precedent was good for the old (common)...


3

The already existing rule 11 penalizes baseless litigation. The modifications in this bill makes sanctions obligatory rather than optional, removes escapes for what would be sanctionable actions, and expands the range of sanctions. The clause in question strikes me as redundant, because existing rule 11(b)(2) says of the action that (2) the claims, ...


3

What is the estimated number of lines in all current US federal laws? I realize that this metrics isn't accurate. Which font size do we use? Do we include comments? How to count someone v. United States? U.S. federal law consists of: 52 Titles of the United States Code (some of which have more than one volume) and a smattering of uncodified statutes ...


3

Generally, a managing member of an LLC cannot speak for the LLC in court. The LLC needs to hire a licensed lawyer to do that. The general rule is that entities may not represent themselves "pro se" through non-lawyer officers and must have a licensed attorney represent them in any court matter (in practice, a court will usually allow an officer or manager ...


3

This detailed guide to the U.S. Code is the source for this answer. Titles are the largest organizational units, with each title focused on a fairly broad, but closely related area of legislation. For example, Title 17 is Copyrights, Title 35 is Patents, Title 18 is Crimes and Criminal Procedure. Within each chapter, the main unit of organization is the ...


3

tl;dr: Statutory preambles are typically non-binding, and some states have laws to this effect (e.g. Florida, Illinois, Iowa, etc.). The most consistent interpretation I've found is that when the body text isn't clear, the preamble might be helpful in determining context and legislative intent. For example, in Shea v. Clinton, 850 F. Supp. 2d 153 (D.C. ...


3

The Louisiana Civil Code of 1870 (it was revised between 1868-1869, but enacted in 1870) applied specifically to civil cases (i.e. disputes between private parties); it's organized by topic area, and is there to keep people from having to comb through every law ever passed that has to do with civil cases. The Revised Statutes of 1870 gathered all the laws of ...


3

The reason this section exists is pretty well stated in an English case: Holmes v. Governor of Brixton Prison and Another. In paragraph 12, they discuss the law of theft in England, and note that under the law there as it stood in 2004 (and reaching back to principles of common law, which are often but not always shared with the US), deception required ...


3

I started writing this before ohwilleke posted his very thorough answer. I'll post it anyway in the hope of being a bit more concise. "Common law" can mean different things. In one sense, it denotes a body of law, such that one might speak of the "common-law crime of assault." This refers to law that has been developed by the courts through judicial ...


3

What you linked to is a list of definitions of terms used in the laws of Arkansas. The actual Arkansas law on gifts to elected officials reads as such: Persons elected or appointed to select offices, including members of the general assembly, shall not solicit or accept a gift from a lobbyist or a person acting on behalf of one. A lobbyist shall not ...


3

As there is no any applicable special definition of "focus" in that context, the plain meaning rule applies: the "focus" of a statute is what the statute is focused on. Any ordinary synonyms apply: concentrated on, revolves around, addresses itself to. What exactly a statute is focused on is determined by way of its interpretation and analysis. This is ...


3

What statute is s 11(4) of UCTA 1977 referencing? Any and all current statutes (already in force or that may be enacted in the future but before the event occurs) that bear on the reasonableness of the attempt to limit liability. In theory, this is all current statutes. In practice, the vast majority of statutes will be self-evidently non-applicable. In ...


3

It wouldn't be at all uncommon to cite to a new public law with a section number in the public law but not a pinpoint citation. For example: Pub. L. No. 116-315, § 2002, 134 Stat. 4932 (January 5, 2021). The citation form in the question is also acceptable: Veterans Health Care and Benefits Improvement Act of 2020, Pub. L. No. 116-315, § 2002, 134 Stat. ...


2

There is the case of the preamble of the constitution of the French 5th Republic. The constitution was adopted in 1958 and, until 1971, the Conseil constitutionnel ("CC" hereafter; more or less the equivalent of the Supreme Court, and rather less than more as it is not really a court) had only a minor role: it was a judge of national elections and ...


2

This is actually a very complicated question, about (1) the scope of "knowingly", (2) what kind of "intent" is required for conviction, (3) how does the jury understand and evaluate concepts of intent and (4) how does an attorney persuade the jury that the situation does or does not satisfy the particular intent requirement. One thing we can dispose of ...


2

My answer is really a too-long elaboration on Dawn's answer, which is correct. The assembled versions that you find published as the US Code are the of applying the instructions given by Congress, so Pub. L. 111–21, § 2(d) is where the "in any grant, contract, subcontract, subsidy" wording was added. The law itself says: Section 1031(a) of title 18, ...


2

According to the Municipal Government Act (R.S.A., 2000, M-26), ss. 62-69 discuss revision of bylaws: s. 69 allows you to consolidate your by-laws, which I believe is what you are proposing. Doing a search for consolidation by-laws didn't show anything though, which is not surprising considering that it doesn't affect any current by-laws. You may want to ...


2

Why would you want to do this? Your collection of by-laws is a living document - just because one has been repealed doesn't mean that it is no longer relevant. For example, if someone were to take legal action, the outcome of which depends on if a particular repealed by-law was in force at the relevant time or not, then when (and possibly why) it came in and ...


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