47 votes
Accepted

Is it illegal to warm up your car?

Yes. This is illegal in Washington State (the link is from November 9, 2020). The law means what it says, with one subtle caveat, which is that this law applies only on a public road, and not on your ...
ohwilleke's user avatar
  • 194k
25 votes
Accepted

Statutory authority to order business to close their doors

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, ...
user6726's user avatar
  • 210k
17 votes

Is it illegal to warm up your car?

austria In Austria, it is explicitly forbidden for environmental reasons. § 102 Abs 4 KFG says: Der Lenker darf mit dem von ihm gelenkten Kraftfahrzeug [...] nicht ungebührlichen Lärm, ferner nicht ...
Heinzi's user avatar
  • 353
13 votes
Accepted

Why "it is unlawful for X to do Y" rather than "it is illegal for X to do Y"?

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 ...
user6726's user avatar
  • 210k
10 votes

Being charged with driving while impaired, in the state of Minnesota? While prescribed desoxyn

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 ...
Nate Eldredge's user avatar
9 votes

Could the USA abandon common law?

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 ...
ohwilleke's user avatar
  • 194k
8 votes

Is it illegal to warm up your car?

The answer is, it depends on where you are parked. The RCW you cited is clear on the requirements for leaving an unattended car running on public property. However, on private property it is legal.
Michael Hall's user avatar
  • 3,591
7 votes
Accepted

Naive approach to aggregating all US Federal Laws?

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 ...
user6726's user avatar
  • 210k
6 votes

Why "it is unlawful for X to do Y" rather than "it is illegal for X to do Y"?

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 ...
A.fm.'s user avatar
  • 2,810
6 votes
Accepted

Conflicting terms and the definition of a «child»

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 ...
user6726's user avatar
  • 210k
6 votes
Accepted

Official dictionary of the U.S. judiciary system?

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 ...
pboss3010's user avatar
  • 820
5 votes
Accepted

Does statute take precedence over case law (in the US)?

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 ...
Dale M's user avatar
  • 198k
5 votes
Accepted

Are any British or English Acts of Parliament still in force in the United States?

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) ...
David Siegel's user avatar
5 votes

Are any British or English Acts of Parliament still in force in the United States?

This is more an elaboration of David Siegel's answer, but the term for this is "reception statute", which acts to receive an outside body of law, in whole or part. Taking the example from Wikipedia's ...
zeroone's user avatar
  • 340
5 votes

How to Search Convictions by Statute Section

Short Answer Where online can one find a database of convictions that allows one to search convictions by statute section? This doesn't exist. Long Answer Typically, the way the records a kept by ...
ohwilleke's user avatar
  • 194k
5 votes
Accepted

Can a court-declared unconstitutional law become valid when it's added to the constitution?

Before the election, can a lawsuit prevent the amendment question from being put on the ballot? No. Generally speaking, the constitutionality of an otherwise procedurally proper ballot initiative is ...
ohwilleke's user avatar
  • 194k
4 votes

Naive approach to aggregating all US Federal Laws?

Assuming you don't care about time, effort, etc., what would be the simplest, most naive approach to compiling all of US law into a single body of work? Is it even theoretically possible? The hard ...
ohwilleke's user avatar
  • 194k
4 votes

Could the USA abandon common law?

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 ...
phoog's user avatar
  • 35.1k
4 votes
Accepted

How can a cash sale result in a voidable title?

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 ...
ohwilleke's user avatar
  • 194k
4 votes

Are any British or English Acts of Parliament still in force in the United States?

I believe that the "Calendar (New Style) Act 1750" which received royal assent from James II, and which means that there is no 29th February in 1900 or 2100 is still good law in the USA. The various ...
Martin Bonner supports Monica's user avatar
4 votes
Accepted

What consitutes a violation of this Hawaii agricultural law?

To me, it seems that you have basically answered your own question with the bolded words. “All passengers, officers, and crew members, whether or not they are bringing or causing to be brought for ...
Jack Edwards's user avatar
4 votes
Accepted

What are statutory schedules and why are they so named?

A statutory schedule is an addendum to a duly enacted law that is included in the law itself, even though its contents are more similar to what would usually be found in a regulation. This stylistic ...
ohwilleke's user avatar
  • 194k
4 votes

How are statutes cited in a trial?

One does not introduce statutes in a trial, criminal of civil. Rather, one introduces facts. The judge will present "the law", and will present it in a digested form in the form of ...
user6726's user avatar
  • 210k
3 votes

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

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 ...
Pat W.'s user avatar
  • 6,068
3 votes
Accepted

How many lines of text in all currently active federal laws of US?

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. ...
ohwilleke's user avatar
  • 194k
3 votes
Accepted

Managing member can not speak for their LLC in court?

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" ...
ohwilleke's user avatar
  • 194k
3 votes
Accepted

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

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. ...
K-C's user avatar
  • 3,954
3 votes

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

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 ...
user6726's user avatar
  • 210k

Only top scored, non community-wiki answers of a minimum length are eligible