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, ...


6

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 ...


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 ...


4

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 ...


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)...


4

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 ...


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

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 ...


2

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 ...


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 ...


2

That's what judges are for. The most likely interpretation is that the structure of the code there would have the unnumbered part apply to both numbered clauses. Which is how is seems to be interpreted. United States v. Cardin, 577 Fed. Appx. 546 (6th Cir. 2014); United States v. Williams, 356 Fed. Appx. 167 (10th Cir. 2009; United States v. Nolan, 223 F.3d ...


2

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 part is not statutory law, which is consolidated in the United States Code, or regulatory law, which is consolidated in the Code of Federal Regulations. The ...


2

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 ...


2

“The right to disclaim property or an interest therein is barred by…”? This phrase means that you cannot disclaim something if one of the listed things happens. I think maybe it means that the only way to disclaim is to (a) disclaim the specific thing in writing, That's not necessarily the only way, because the law also says: This section does not ...


2

@DM's answer is correct, but maybe not as straightforward as the OP might prefer. Usually a disclaimer is made by giving timely written notice in proper form to the person who is in control of the inherited asset (using the word "inherited" in a broad non-technical sense) within the time allowed by statute. But, this can only be done if the rule that is ...


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