query: what are the common law states in the united states

pos: Common-law marriage in the United States as man and wife for 10 years...followed by the procreation of children, could be overturned." Today, domestic common law marriages can be contracted in the following nine jurisdictions: Additionally, these two jurisdictions recognise domestic common law marriage in the limited circumstances indicated: New Hampshire recognises domestic common law marriage for purposes of probate only. Utah recognises only common law marriages that have been validated in a judicial proceeding. A common law marriage may be validated by a court of law up to one year after the alleged marriage has been terminated. Of the remaining 40 states, 13 never permitted and

pos: Common law terse statements of general principle, and the fine boundaries and definitions exist only in the interstitial common law. To find out what the precise law is that applies to a particular set of facts, one has to locate precedential decisions on the topic, and reason from those decisions by analogy. In (common law jurisdictions (in the sense opposed to "civil law"), legislatures operate under the assumption that statutes will be interpreted against the backdrop of the pre-existing common law. As the United States Supreme Court explained in "United States v Texas", 507 U.S. 529 (1993): For example, in most U.S.

pos: Confessional privilege (United States) Confessional privilege (United States) In United States law, confessional privilege is a rule of evidence that forbids the inquiry into the content or even existence of certain communications between clergy and church members. It grows out of the First Amendment to the United States Constitution, the common law, and statutory enactments which may vary between jurisdictions. All fifty states, the District of Columbia, and the federal government have enacted statutory privileges providing that at least some communications between clergyman and parishioners are privileged. Prior to the adoption of statutory protections, there was some protection under common law. There is also

pos: Common-law marriage in the United States also an element of common law marriage. Colorado, by statute, no longer recognizes common law marriages entered by minors in Colorado, and also does not recognize foreign common law marriages entered into by minors, even if that marriage would have been valid where entered into under local law. See Section 14-2-109.5, Colorado Revised Statutes. The constitutionality of this limitation as applied to foreign marriages has not been tested in litigation. Colorado, Montana, and Texas are the only U.S. states to recognize both putative marriage and common law marriage. According to the District of Columbia Department of Human Services, a common

pos: Common-law marriage in the United States the present intent and agreement to be married; (2) continuous cohabitation; and (3) public declaration that the parties are husband and wife. The public declaration or holding out to the public is considered to be the acid test of a common law marriage. Adm. Rule 701—73.25 (425) of the Iowa Administrative Code, titled Common Law Marriage, states: A common law marriage is a social relationship that meets all the necessary requisites of a marriage except that it was not solemnized, performed or witnessed by an official authorized by law to perform marriages. The necessary elements of a common law marriage

pos: Common-law marriage in the United States Common-law marriage in the United States Common law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact is a form of irregular marriage that survives only in eight U.S. states and the District of Columbia; plus two other states that recognise domestic common law marriage after the fact for limited purposes. It is arguably the original form of marriage, in which a couple took up residency together, held themselves out to the world as a married couple, and otherwise behaved as a married couple. It has been gradually abolished in Western

pos: Common-law marriage in the United States recognises "all" validly contracted foreign marriages under Cal. Family Code 308. Domestic contract of common law marriage was abolished in the following 27 states on the dates indicated. Note that Massachusetts (which included Maine, 1652 - 1820) abolished common law marriage during the colonial period and before it was abolished in England and Wales. These 13 states have never permitted domestic common law marriage; but like all 50 states and the District of Columbia, they recognise all validly contracted out-of-state marriages, including validly contracted common law marriages. Outside of confederation, the Territory of Guam does not recognise common law marriage.

pos: No-impeachment rule the law of 42 jurisdictions. The Iowa rule has been adopted in 9 jurisdictions. The United States Supreme Court created a racial bias exception to the rule in their decision in "Peña-Rodriguez v. Colorado" (2017). No-impeachment rule The no-impeachment rule (also known as the non-impeachment rule) is a rule in the procedural law of many jurisdictions. It says testimony from jurors about what occurred during jury deliberations may not be used to impeach a verdict during an appeal. The rule originated in common law and has been codified into statute in many jurisdictions. The United States Federal Rules of Evidence,

pos: American Law Institute law, and have chosen instead to set forth their aspirations for what the law ought to be . . . Restatement sections such as that should be given no weight whatever as to the current state of the law, and no more weight regarding what the law ought to be than the recommendations of any respected lawyer or scholar. — "Justice Antonin Scalia, dissenting opinion, "Kansas v. Nebraska", February 25, 2015" American Law Institute The American Law Institute (ALI) was established in 1923 to promote the clarification and simplification of United States common law and its adaptation to changing social

pos: Marriage law colonies of the time, so common-law marriages continued to be recognized in the future United States and Canada. In the United States, common-law marriages are still recognized in Alabama, Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, Utah and the District of Columbia, and in several Canadian provinces. All countries in Europe have now abolished "marriage by habit and repute", with Scotland being the last to do so in 2006. Australia has recognised de facto relationships since the Family Law Act of 2009. Marriage is an institution that is historically filled with restrictions. From age, to gender, to social

pos: Assisted death in the United States laws expressly say that, “actions taken in accordance with [the Act] shall not, for any purpose, constitute suicide, assisted suicide, mercy killing or homicide, under the law.” This language is intended to distinguish the legal act of what proponents call “medical aid in dying” from the act of helping someone commit suicide, which is prohibited by statute in 42 states and prohibited by common law in an additional six states and the District of Columbia. Helping someone commit suicide is technically prohibited in every state where assisted death is authorized, but opponents feel that this distinction is erroneous. Dr. Harold

pos: Common-law marriage in the United States law marriage is "A marriage that is legally recognized even though there has been no ceremony and there is no certification of marriage. A common law marriage exists if the two persons are legally free to marry, if it is the intent of the two persons to establish a marriage, and if the two are known to the community as husband and wife." Common law marriages have been recognized in the District of Columbia since 1931. Holding common law marriages legal, District Court of Appeals Justice D. Laurence Groner said, The three elements of a common law marriage are: (1)

neg: Common law court interpretations of state statutes, or reason what a state's highest court would rule if presented with the issue, or to certify the question to the state's highest court for resolution. Later courts have limited "Erie" slightly, to create a few situations where United States federal courts are permitted to create federal common law rules without express statutory authority, for example, where a federal rule of decision is necessary to protect uniquely federal interests, such as foreign affairs, or financial instruments issued by the federal government. "See, e.g.", "Clearfield Trust Co. v. United States", (giving federal courts the authority to

neg: Federal common law Federal common law Federal common law is a term of United States law used to describe common law that is developed by the federal courts, instead of by the courts of the various states. The United States is the only country to combine the creation of common law doctrines with a complete federalism, wherein the national supreme court has virtually no power to review state court decisions to determine whether the state courts have followed state laws. The High Court of Australia is sometimes said to have federal common law, but because all state and territorial courts are directly appealable

neg: Richard J. Maybury and the western culture, including the United States government. Maybury states that Muslim nations and people still treat events that occurred centuries ago as modern-day events, and that the recent attacks are retaliatory strikes against what they perceive to be their long-time enemies. He praises the mediaeval Muslim civilizations for their advances in many fields. He also states that Muslims are responsible for preserving the philosophies of ancient people, such as Aristotle. Mr. Maybury bases his work on common law, namely The first law is related to contract law. A contract is an agreement between two or more parties, in

neg: Common law offence more or all jurisdictions: See also criminal libel See also Uniform Code of Military Justice for codification of what had been common law crimes. In New Zealand all common law offences were abolished under the Crimes Act 1961, with the exception of contempt of court and of offences tried by courts martial. The notion that common law offenses could be enforced in federal courts was found to be unconstitutional by the U.S. Supreme Court in "United States v. Hudson and Goodwin", 11 U.S. 32 (1812). Some have argued that they are inconsistent with the prohibition of ex post facto laws.

neg: Liberalism in the United States Liberalism in the United States Liberalism in the United States is a broad political philosophy centered on what many see as the unalienable rights of the individual. The fundamental liberal ideals of freedom of speech, freedom of the press, freedom of religion for all belief systems, and the separation of church and state, right to due process, and equality under the law are widely accepted as a common foundation across the spectrum of liberal thought. Modern liberalism in the United States includes issues such as same-sex marriage, reproductive and other women's rights, voting rights for all adult citizens, civil rights,

neg: Roth v. United States Roth v. United States Roth v. United States, 354 U.S. 476 (1957), along with its companion case "Alberts v. California" (1957), was a landmark case before the United States Supreme Court which redefined the Constitutional test for determining what constitutes obscene material unprotected by the First Amendment. Under the common law rule that prevailed before "Roth", articulated most famously in the 1868 English case "Regina v. Hicklin", any material that tended to "deprave and corrupt those whose minds are open to such immoral influences" was deemed "obscene" and could be banned on that basis. Thus, works by Balzac, Flaubert, James

neg: United States defamation law cases have added precedent on defamation law and the Internet. The First Amendment guarantees of Freedom of Speech and Freedom of the Press provide defendants in the United States significantly more protection than the countries of the Commonwealth and Europe. Some variation exists among the several states to the extent the state's legislature has passed statutes or its courts have handed down decisions affecting the contours inherited from the common law. Some states codify what constitutes slander and libel together into the same set of laws. Criminal libel is rarely prosecuted but exists on the books in many states, and

neg: Federal common law to the High Court, this is indistinguishable from a general common law. In contrast, the United States Supreme Court has effectively barred the creation of federal common law in areas traditionally under the authority of state courts. Nevertheless, there are several areas where federal common law continues to govern. Until 1938, federal courts in America followed the doctrine set forth in the 1842 case of "Swift v. Tyson". In that case, the United States Supreme Court held that federal courts hearing cases brought under their diversity jurisdiction (allowing them to hear cases between parties from different U.S. states) had to

neg: Criminal law of the United States Criminal law of the United States Responsibility for criminal law and criminal justice in the United States is shared between the states and the federal government. The federal government and all the states rely on the following. Common law is law developed by judges through legal opinions, as opposed to statutes adopted through the legislative process or regulations issued by the executive branch. A common law crime is thus a crime which was originally defined by judges. Common law crimes no longer exist at the federal level, because of the U.S. Supreme Court's decision in "United States v. Hudson and

neg: Marriage license the Registrar General. In the United States, until the mid-19th century, common-law marriages were recognized as valid, but thereafter some states began to invalidate common-law marriages. Common-law marriages, if recognized, are valid, notwithstanding the absence of a marriage license. North Carolina and Tennessee (which was originally western North Carolina) never recognized marriage at the common law as valid without a license unless entered into in other states. They have always recognized otherwise valid marriages (except bigamous, polygamous, interracial, or same-sex) entered into in conformity with the law of other states, territories and nations. The specifications for obtaining a marriage license

neg: Federal common law All fifty states have both state and federal courts. Federal courts have jurisdiction over matters of federal concern, meaning federal law and in particular federal law that pre-empts state law when an issue is within the federal government’s exclusive domain. The other type of jurisdiction conferred upon federal courts is known as diversity jurisdiction and it exists where the amount in controversy is equal to or greater than $75,000.00 and two or more litigants are domiciled in separate states. Federal common law Federal common law is a term of United States law used to describe common law that is developed

neg: Mens rea jurisdictions. Although common law originated from England, the common law of each jurisdiction with regard to culpability varies as precedents and statutes vary. The vast majority of criminal prosecutions in the United States are carried out by the component states in accordance with the laws of the state in question. Historically, the states (with the partial exception of civil-law Louisiana) applied common law rules of "mens rea" similar to those extant in England, but over time American understandings of common law "mens rea" terms diverged from those of English law and from each other. By the late 1950s to early

neg: Common-law marriage in the United States prior to this date are not affected. Additionally, Florida recognizes valid common law marriages from other states. California Family Code Section 308 provides that a marriage validly contracted in another jurisdiction is valid in California. Thus, a common law marriage validly contracted in another jurisdiction is valid in California notwithstanding it could not be legally contracted within California; and a common law marriage that was not validly contracted in another U.S. jurisdiction is not valid in California. All other states have similar statutory provisions. Exceptions to this rule are marriages deemed by the jurisdiction to be "odious to public policy".

neg: Precedent free to consider decisions of other jurisdictions, and give them whatever persuasive weight the English court sees fit, even though these other decisions are not binding precedent. Jurisdictions that are closer to modern English common law are more likely to be given persuasive weight (for example Commonwealth states such as Canada, Australia, or New Zealand). Persuasive weight might be given to other common law courts, such as from the United States, most often where the American courts have been particularly innovative, e.g. in product liability and certain areas of contract law. In the United States, in the late 20th and

neg: Oliver Wendell Holmes Jr. of the infinite. ... " "The common law is not a brooding omnipresence in the sky. ... " Rather than a set of abstract, rational, mathematical, or in any way unworldly set of principles, Holmes said that, "[T]he prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law." His belief that law, properly speaking, was a set of generalizations from what judges had done in similar cases, determined his view of the Constitution of the United States. As a justice of the U.S. Supreme Court, Holmes rejected the argument that

neg: Civil procedure in the United States a state's common law pleading system was always constantly evolving through case law, the federal courts in that state were literally frozen in time. The Process Act did not speak to the problem of what law to apply in new states that joined the Union after the original Thirteen Colonies. In 1828, Congress enacted a law which stated that federal courts in new states would follow the civil procedure in effect at the time those states joined the Union. Unfortunately for the federal courts, state civil procedure law began to diverge dramatically in the mid-19th century. In the 1840s, the

neg: Water law in the United States Water law in the United States Water law in the United States refers to the Water resources law laws regulating water as a resource in the United States. Beyond issues common to all jurisdictions attempting to regulate water's uses, water law in the United States must contend with: The law governing these topics derives from all layers of US law. Some derives from common law principles which have developed over centuries, and which evolve as the nature of disputes presented to courts change. For example, the judicial approach to landowner rights to divert surface waters has changed significantly in the

neg: Government procurement in the United States is a body of law passed by the U.S. state legislatures and is generally uniform among the states. The general law of contracts, which applies when the UCC does not, is mostly common law, and is also similar across the states, whose courts look to each other's decisions when there is no in-state precedent. Contracts directly between the Government and its contractors ("prime contracts") are governed by the Federal common law. Contracts between the prime contractor and its subcontractors are governed by the contract law of the respective states. Differences between those legal frameworks can put pressure on a prime

neg: Common law copyright ("Donaldson v. Beckett", 1774) and the United States ("Wheaton v. Peters", 1834). In both countries, the courts found that copyright is a limited right under statutes and subject to the conditions and terms the legislature sees fit to impose. The decision in the UK did not, however, directly rule on whether copyright was a common-law right. In the United States, common law copyright also refers to state-level copyrights. These are ordinarily preempted by federal copyright law, but for some categories of works, common law (state) copyright may be available. For instance, in the New York State 2005 case, "Capitol Records

neg: Tall poppy syndrome some extent influenced by politics. Tall poppy syndrome is related to what some call "the politics of envy". Some commentators have argued that tall poppy syndrome is a universal phenomenon, that is more common in some cultures. The concepts of "janteloven" or "Law of Jante", in Scandinavia, and "A kent yer faither" (English: "I knew your father") in Scotland, are very similar. Similar phenomena are said to exist in the Netherlands (where it is called "maaiveldcultuur"). In the United States, Benjamin Franklin Fairless, president of United States Steel Corporation (1950), criticised such behaviour when he stated: "You cannot strengthen one

neg: Pornography in the United States Department of Justice strongly endorsed legislation which banned the production and dissemination of child pornography. These efforts have been unsuccessfully challenged in the 1982 "New York v. Ferber" case ("The States are entitled to greater leeway in the regulation of pornographic depictions of children..."). Although the states have a different age of consent, in accordance with the Federal Labeling and Record-Keeping Law all models featured in pornographic content should be at least 18 years of age. This kind of material is often labeled as "adult" and the appropriate disclaimers are common. They are based on what "depicts or describes, in

neg: United States tort law of federal law. The most common federal tort claim is the 42 U.S.C. § 1983 remedy for violation of one's civil rights under color of federal or state law, which can be used to sue for anything from a free speech claim to use of excessive force by the police. Tort claims arising out of injuries occurring on vessels on navigable waters of the United States fall under federal admiralty jurisdiction. United States tort law This article addresses torts in United States law. As such, it covers primarily common law. Moreover, it provides general rules, as individual states all have

neg: Common law it, as the default law, because of the importance of using an extensive and predictable body of law to govern the conduct of citizens and businesses in a new state. All U.S. states, with the partial exception of Louisiana, have either implemented reception statutes or adopted the common law by judicial opinion. Other examples of reception statutes in the United States, the states of the U.S., Canada and its provinces, and Hong Kong, are discussed in the reception statute article. Yet, adoption of the common law in the newly-independent nation was not a foregone conclusion, and was controversial. Immediately after

neg: United States Constitution amendment requires what has become known as the "Miranda" warning. The Seventh Amendment (1791) extends the right to a jury trial to federal civil cases, and inhibits courts from overturning a jury's findings of fact. Although the Seventh Amendment itself says that it is limited to "suits at common law", meaning cases that triggered the right to a jury under English law, the amendment has been found to apply in lawsuits that are similar to the old common law cases. For example, the right to a jury trial applies to cases brought under federal statutes that prohibit race or gender

neg: McBoyle v. United States is not likely that a criminal will carefully consider the text of the law before he murders or steals, it is reasonable that a fair warning should be given to the world in language that the common world will understand, of what the law intends to do if a certain line is passed. To make the warning fair, so far as possible the line should be clear. This case is a good example of the canon of "ejusdem generis" ("of the same kind, class, or nature"). McBoyle v. United States McBoyle v. United States, 283 U.S. 25 (1931), was a

neg: Common-law marriage in the United States Nevada. (The Full Faith and Credit Clause of the United States Constitution does not apply to common law marriages because they are not public acts (i.e. statutes, ordinances, general laws, etc.), not public records, and not judicial proceedings.) Because there is no marriage certificate or other public record to directly document the marriage, it can be difficult to prove a common law marriage if marital validity is contested in a probate or dissolution proceeding. Similar problems of proof may arise if the parties to a common law marriage were not actually domiciled in the state where they lived at the

neg: Security interest cheaper funds. Under English law and in most common law jurisdictions derived from English law (the United States is the exception as explained below), there are nine major types of proprietary security interests: The United States also developed the conditional sale of personal property as another form of security interest, which is now obsolete. Security interests at common law are either "possessory" or "nonpossessory", depending upon whether the secured party actually needs to take possession of the collateral. Alternatively, they arise "by agreement" between the parties (usually by executing a security agreement), or "by operation of law". The evolution of

neg: Roth v. United States unprotected obscenity, thereby superseding the "Roth" test. By the time "Miller" was considered in 1973, Justice Brennan had abandoned the "Roth" test and argued that "no formulation of this Court, the Congress, or the States can adequately distinguish obscene material unprotected by the First Amendment from protected expression." Roth v. United States Roth v. United States, 354 U.S. 476 (1957), along with its companion case "Alberts v. California" (1957), was a landmark case before the United States Supreme Court which redefined the Constitutional test for determining what constitutes obscene material unprotected by the First Amendment. Under the common law rule

neg: United States administrative law Studies of judicial review typically find that 70% of agency rules are upheld with the Supreme Court upholding 91% of rules; a 2011 empirical study of judicial review found that 76% were upheld, although the D.C. Circuit, which hears many administrative law cases, has been found less deferential than other courts. United States administrative law United States federal administrative law encompasses statutes, common law, and directives issued by the Office of Information and Regulatory Affairs in the Executive Office of the President, that together define the extent of powers and responsibilities held by administrative agencies of the United States Government

neg: Paul M. Hebert Law Center Paul M. Hebert Law Center The Paul M. Hebert Law Center, often styled "LSU Law", is a law school in Baton Rouge, Louisiana, United States, part of the Louisiana State University System and located on the main campus of Louisiana State University. Because Louisiana is a civil law state, unlike its 49 common law sister states, the curriculum includes both civil law and common law courses, requiring 94 hours for graduation; the most in the United States. In the Fall of 2002, the LSU Law Center became the sole United States law school, and only one of two law schools

neg: History of labor law in the United States is to learn his duties . . . [i]t is in the volumes of the common law we are to seek for information in the far greater number, as well as the most important causes that come before our tribunals." As a result of the spate of convictions against combinations of laborers, the typical narrative of early American labor law states that, prior to "Hunt" in Massachusetts in 1842, peaceable combinations of workingmen to raise wages, shorten hours or ensure employment, were illegal in the United States, as they had been under English common law. In England, criminal conspiracy laws

neg: Marriage in the United States marriage: common-law marriage and obtaining a marriage license. Common-law marriage is no longer permitted in most states. Though federal law does not regulate state marriage law, it does provide for rights and responsibilities of married couples that differ from those of unmarried couples. Reports published by the General Accounting Office in 1997 and 2004 identified over 1000 such laws. The United States Supreme Court has in at least 15 cases since 1888 ruled that marriage is a fundamental right. These cases are: The age at which a person can marry varies by state. The marriage age is generally 18 years,

neg: State court (United States) State court (United States) In the United States, a state court has jurisdiction over disputes with some connection to a U.S. state, as opposed to the federal government. State courts handle the vast majority of civil and criminal cases in the United States; United States federal courts handle different types of cases. Generally, state courts are common law courts, and apply their respective state laws and procedures to decide cases. They are organized pursuant to and apply the law in accordance with their state's constitution, state statutes, and binding decisions of courts in their state court hierarchy. Where applicable, they

neg: Petit jury serious felonies there are usually 12 jurors, although Scotland uses 15. A number of countries that are not in the English common law tradition have quasi-juries on which lay judges or jurors and professional judges deliberate together regarding criminal cases. However, the common law trial jury is the most common type of jury system. In civil cases many trials require fewer than twelve jurors. Juries are almost never used in civil cases outside the United States and Canada. Other states with a common law tradition sometimes use them in defamation cases, in cases involving a governmental eminent domain power, and

neg: Legal education obtain greater specialisation in an area in which they practice. In many common law countries, a higher degree in law is common and expected for legal academics. In addition, incorporating practical skills is beneficial for practitioners seeking higher degrees to better prepare them in their respective legal area of practice. In contrast, higher degrees in law are uncommon in the United States, even within the academy. In some countries, including the United Kingdom, Italy, Germany, Canada and some states of Australia, the final stages of vocational legal education required to qualify to practice law are carried out outside the university

neg: United States trademark law United States trademark law A trademark is a word, phrase, or logo that identifies the source of goods or services. Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is "confusingly similar" to an existing trademark. The goal is to allow consumers to easily identify the producers of goods and services and avoid confusion. United States trademark law is mainly governed by the Lanham Act. Common law trademark rights are acquired automatically when a business uses a name or logo in commerce, and are enforceable in state courts. Marks

neg: United States administrative law United States administrative law United States federal administrative law encompasses statutes, common law, and directives issued by the Office of Information and Regulatory Affairs in the Executive Office of the President, that together define the extent of powers and responsibilities held by administrative agencies of the United States Government (both executive branch agencies and independent agencies). The executive, legislative, and judicial branches of the U.S. federal government cannot always directly perform their constitutional responsibilities. Specialized powers are therefore delegated to an agency, board, or commission. These administrative governmental bodies oversee and monitor activities in complex areas, such as commercial aviation,

neg: Erie Railroad Co. v. Tompkins Erie Railroad Co. v. Tompkins Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), is a landmark decision by the Supreme Court of the United States in which the Court held that federal courts did not have the judicial power to create general federal common law when hearing state law claims under diversity jurisdiction. In reaching this holding, the Court overturned almost a century of federal civil procedure case law, and established the foundation of what remains the modern law of diversity jurisdiction as it applies to United States federal courts. "Erie" began as a simple personal injury case when

neg: Common law Because of its history as the United States' commercial center, New York common law has a depth and predictability not (yet) available in any other jurisdictions of the United States. Similarly, American corporations are often formed under Delaware corporate law, and American contracts relating to corporate law issues (merger and acquisitions of companies, rights of shareholders, and so on.) include a Delaware choice of law clause, because of the deep body of law in Delaware on these issues. On the other hand, some other jurisdictions have sufficiently developed bodies of law so that parties have no real motivation to choose

neg: Thomas M. Cooley to an interpretation that seemed ethically more and more imperative." Corwin, or the editors of the 1978 Princeton University Press edition of "The Constitution and What it Means Today", also cited Cooley in "Constitutional Limitations". As to Amendment I, as to Freedom of the Press in the United States, Corwin writes: [i]n about half of the State constitutions, our State courts ... [in reference to prevailing attitudes prior to the [American] Civil War, gradually wrote into the common law of the States the principle of "qualified privilege," which is a notification to plaintiffs in libel [law]suits that if they are

neg: Sterilization law in the United States parents support their children. Sterilization law in the United States Sterilization law is the area of law, within reproductive rights, that gives a person the right to choose or refuse reproductive sterilization and governs when the government may limit this fundamental right. Sterilization law includes federal and state constitutional law, statutory law, administrative law, and common law. This article primarily focuses on laws concerning compulsory sterilization that have not been repealed or abrogated and are still good laws, in whole or in part, in each jurisdiction. Buck v. Bell, , is a decision of the United States Supreme Court, written

neg: Sterilization law in the United States Sterilization law in the United States Sterilization law is the area of law, within reproductive rights, that gives a person the right to choose or refuse reproductive sterilization and governs when the government may limit this fundamental right. Sterilization law includes federal and state constitutional law, statutory law, administrative law, and common law. This article primarily focuses on laws concerning compulsory sterilization that have not been repealed or abrogated and are still good laws, in whole or in part, in each jurisdiction. Buck v. Bell, , is a decision of the United States Supreme Court, written by Justice Oliver Wendell

neg: Notary Notary A notary is a person licensed by the government to perform acts in legal affairs, in particular witnessing signatures on documents. The form that the notarial profession takes varies with local legal systems. Most common law systems have what is called in the United States a notary public, a public official who notarizes legal documents and who can also administer and take oaths and affirmations, among other tasks. In the United States, a signing agent, also known as a loan signing agent, is a notary public who specializes in notarizing mortgage and real estate documents. Although notaries public are

neg: Contributing property Contributing property In the law regulating historic districts in the United States, a contributing property or contributing resource is any building, object, or structure which adds to the historical integrity or architectural qualities that make the historic district, listed locally or federally, significant. Government agencies, at the state, national, and local level in the United States, have differing definitions of what constitutes a contributing property but there are common characteristics. Local laws often regulate the changes that can be made to contributing structures within designated historic districts. The first local ordinances dealing with the alteration of buildings within historic districts

neg: United States as a tax haven United States as a tax haven In 2010, the United States implemented the Foreign Account Tax Compliance Act; the law required financial firms around the world to report accounts held by US citizens to the Internal Revenue Service. The US on the other hand refused the Common Reporting Standard set up by the Organisation for Economic Co-operation and Development, alongside Vanuatu and Bahrain. This means the US receives tax and asset information for American assets and income abroad, but does not share information about what happens in the United States with other countries. In other words, it has become attractive

neg: William Blackstone in its infancy, with people uncertain as to what the law was. The "Commentaries" helped to solidify legal thinking. At the same time, legal education had stalled, and Blackstone's work gave the Law "at least a veneer of scholarly respectability". William Searle Holdsworth, one of Blackstone's successors as Vinerian Professor, argued that "if the Commentaries had not been written when they were written, I think it very doubtful that [the United States], and other English speaking countries would have so universally adopted the [common] law". The "Commentaries" had a particular influence in the United States; James Iredell, an original Associate

neg: Statutory law as the United States Code, the Ohio Revised Code or the Code of Canon Law. The substantive provisions of the Act could be codified (arranged by subject matter) in one or more titles of the United States Code while the provisions of the law that have not reached their "effective date" (remaining uncodified) would be available by reference to the United States Statutes at Large. Another meaning of "codified law" is a statute that takes the common law in a certain area of the law and puts it in statute or code form. Another example of statutes that are not

neg: Restatements of the Law in common law jurisdictions outside of the United States. Former Justice of the High Court of Australia William Gummow attributes the requirement for Restatements in the United States to the lack of a nationwide court of final common law adjudication. The Restatement of the Law is one of the most respected and well-used sources of secondary authority, covering nearly every area of common law. While considered secondary authority (compare to primary authority), the authoritativeness of the Restatements of the Law is evidenced by their acceptance by courts throughout the United States. The Restatements have been cited in over 150,000 reported

neg: Common law and give rationales and policies that can be balanced with judgment in future cases, rather than the bright-line rules usually embodied in statutes. All law systems rely on written publication of the law, so that it is accessible to all. Common law decisions are published in law reports for use by lawyers, courts and the general public. After the American Revolution, Massachusetts became the first state to establish an official Reporter of Decisions. As newer states needed law, they often looked first to the Massachusetts Reports for authoritative precedents as a basis for their own common law. The United States

neg: United States obscenity law United States obscenity law United States obscenity law deals with the regulation or suppression of what is considered obscenity. In the United States, discussion of obscenity revolves around what constitutes pornography and of censorship, but also raises issues of freedom of speech and of the press, otherwise protected by the First Amendment to the Constitution of the United States. Issues of obscenity arise at federal and state levels. The States have a direct interest in public morality and have responsibility in relation to criminal law matters, including the punishment for the production and sale of obscene materials. State laws operate

neg: United States tort law United States tort law This article addresses torts in United States law. As such, it covers primarily common law. Moreover, it provides general rules, as individual states all have separate civil codes. There are three general categories of torts: intentional torts, negligence, and strict liability torts. Intentional torts involve situations in which the defendant desires or knows to a substantial certainty that his act will cause the plaintiff damage. They include battery, assault, false imprisonment, intentional infliction of emotional distress ("IIED"), trespass to land, trespass to chattels, conversion, invasion of privacy, malicious prosecution, abuse of process, fraud, inducing breach of

neg: Law of the United States search warrants. As common law courts, U.S. courts have inherited the principle of "stare decisis". American judges, like common law judges elsewhere, not only apply the law, they also make the law, to the extent that their decisions in the cases before them become precedent for decisions in future cases. The actual substance of English law was formally "received" into the United States in several ways. First, all U.S. states except Louisiana have enacted "reception statutes" which generally state that the common law of England (particularly judge-made law) is the law of the state to the extent that it is

neg: United States v. Wong Kim Ark what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States." He added that citizenship "will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons" —a comment which would later raise questions as to whether Congress had originally intended

neg: Criminal law of the United States Goodwin", 11 U.S. 32 (1812). The validity of common law crimes varies at the state level. Although most states have abolished common law crimes, some have enacted "reception" statutes recognizing common law crimes when no similar statutory crime exists. All 50 states have their own penal codes. Therefore, for any particular crime somewhere, it would be necessary to look it up in that jurisdiction. However, statutes derive from the common law. For example, if a state's murder statute does not define "human being," that state's courts will rely on the common-law definition. The states, since they possess the police power,

neg: Common law the common law of crime as it stood in England in 1789, because that centuries-old English common law is a necessary foundation to interpreting modern criminal statutes.) With the transition from English law, which had common law crimes, to the new legal system under the U.S. Constitution, which prohibited "ex post facto" laws at both the federal and state level, the question was raised whether there could be common law crimes in the United States. It was settled in the case of "United States v. Hudson", which decided that federal courts had no jurisdiction to define new common law crimes,

neg: Government procurement in the United States contained in what are known as FAR Supplements. These supplements appear within the Code of Federal Regulations (CFR) volumes of the respective agencies. For example, the Department of Defense (DOD) FAR Supplement can be found at 10 CFR. Government contracts are governed by Federal common law, a body of law which is separate and distinct from the bodies of law applying to most businesses—the Uniform Commercial Code (UCC) and the general law of contracts. The UCC applies to contracts for the purchase and sale of goods, and to contracts granting a security interest in property other than land. The UCC

neg: Common law federal courts relied on private publishers until after the Civil War, and only began publishing as a government function in 1874. West Publishing in Minnesota is the largest private-sector publisher of law reports in the United States. Government publishers typically issue only decisions "in the raw," while private sector publishers often add indexing, editorial analysis, and similar finding aids. In common law legal systems, the common law is crucial to understanding almost all important areas of law. For example, in England and Wales, in English Canada, and in most states of the United States, the basic law of contracts, torts

neg: The Law of Peoples Rawls means "the actors in the Society of Peoples, just as citizens are the actors in domestic society" (L.P. p. 23). Peoples share three features: a common system of government; what John Stuart Mill called 'common sympathies' (XVI of Mill's Considerations, 1862); and a moral nature. Although the Law of Peoples is supposed to be part of liberal foreign policy, the peoples Rawls talks about are not necessarily liberal. 'Decent hierarchical peoples' also feature as parties to the Law of Peoples, though burdened states, outlaw states and benevolent absolutisms do not. The inclusion of 'decent hierarchical peoples' is demanded by

neg: Feres v. United States rendered by the Honorable Justice Robert Jackson. The common fact underlying the three cases is that each claimant, while on active duty and not on furlough, sustained injury due to negligence of others in the armed forces. The only issue of law raised is whether the Tort Claims Act extends its remedy to one sustaining "incident to the service" what under other circumstances would be an actionable wrong. This is the "wholly different case" reserved from our decision in "Brooks v. United States". There are few guiding materials for our task of statutory construction. No committee reports or floor debates

neg: Louisiana Code and Louisiana law draw from common legal roots, the Napoleonic Code was never in force in Louisiana, as it was enacted in 1804, after the United States had purchased and annexed Louisiana in 1803. While the Louisiana Civil Code of 1808 has been continuously revised and updated since its enactment, it is still considered the controlling authority in the state. Differences are found between Louisianan civil law and the common law found in the other U.S. states. While some of these differences have been bridged due to the strong influence of common law tradition, the civil law tradition is

neg: Defamation public concern that do not contain a provably false factual connotation. Subsequent state and federal cases have addressed defamation law and the Internet. Defamation law in the United States is much less plaintiff-friendly than its counterparts in European and the Commonwealth countries. A comprehensive discussion of what is and is not libel or slander under United States law is difficult, as the definition differs between different states and is further affected by federal law. Some states codify what constitutes slander and libel together, merging the concepts into a single defamation law. Although laws vary by state, in the United States

neg: United States constitutional law and executive branches of the federal government, on the lower courts in the federal system, and on all state courts. This system of binding interpretations or precedents evolved from the common law system (called "stare decisis"), where courts are bound by their own prior decisions and by the decisions of higher courts. While neither English common law courts nor continental civil law courts generally had the power to declare legislation unconstitutional (only the power to change law), the United States Supreme Court has long been understood to have the power to declare federal or state legislation unconstitutional. Before deciding a

neg: Birthright citizenship in the United States although by that time nearly two-thirds of American Indians were already citizens. Birthright citizenship, as with much United States law, has its roots in English common law. "Calvin's Case", 77 Eng. Rep. 377 (1608), was particularly important as it established that, under English common law, "a person's status was vested at birth, and based upon place of birth—a person born within the king's dominion owed allegiance to the sovereign, and in turn, was entitled to the king's protection." This same principle was accepted by the United States as being "ancient and fundamental," i.e., well-established common law, as stated by the

neg: Legal advertising in the United States Legal advertising in the United States In the United States, advertising of services by members of the profession of law is typically permitted but regulated by state court and bar association rules. Advertisements for lawyers and law firms take various forms: print, television, radio, the yellow pages, and online advertising. Among the most common type of legal advertisements are those by tort lawyers, whose branch of law includes personal injury, medical malpractice, negligence, and product liability cases involving compensation for harm or damages caused by another. Yet legal advertisements are used by lawyers who specialize in other areas of the

neg: Insurance law the corporation of Lloyd's to act as a market place for members, or "Names". And in the early part of the twentieth century, the collective body of general insurance law was codified in 1904 into the Marine Insurance Act 1906, with the result that, since that date, marine and non-marine insurance law have diverged, although fundamentally based on the same original principles. Common law jurisdictions in former members of the British empire, including the United States, Canada, India, South Africa, and Australia ultimately originate with the law of England and Wales. What distinguishes common law jurisdictions from their civil law

neg: Panama Papers the United States implemented the Foreign Account Tax Compliance Act; the law required financial firms around the world to report accounts held by US citizens to the Internal Revenue Service. The US on the other hand refused to sign on to the Common Reporting Standard set up by the Organisation for Economic Co-operation and Development, alongside Vanuatu and Bahrain. This means the US receives tax and asset information for American assets and income abroad, but does not share information about what happens in the United States with other countries, which in other words means that the United States has become

neg: United States trust law United States trust law United States trust law is the body of law regulating the legal instrument for holding wealth known as a trust. Most law regulating the creation and administration of trusts in the United States is now statutory at the state level. In August 2004, the National Conference of Commissioners on Uniform State Laws created the first attempt to codify generally accepted common law principles in Anglo-American law regarding trusts into a uniform statutory code for the fifty states, called the Uniform Trust Code (UTC). As of July 2012, 25 states have adopted some substantive form of the

neg: Law of the United States Act of 1871 and "Bivens" actions are used by suspects to recover tort damages for police brutality. The law of civil procedure governs process in all judicial proceedings involving lawsuits between private parties. Traditional common law pleading was replaced by code pleading in 24 states after New York enacted the Field Code in 1850 and code pleading in turn was subsequently replaced again in most states by modern notice pleading during the 20th century. The old English division between common law and equity courts was abolished in the federal courts by the adoption of the Federal Rules of Civil Procedure

neg: Special library of the United States Congress and the United States Supreme Court but has since expanded to serve the general public and various government agencies as well. The library's collection currently has approximately 2.65 million items in it including materials on both United States law as well as legal resources for jurisdictions all over the world. The collection also includes materials about the history of law going back to the beginning of the most primitive legal systems in the areas of common, religious, civil, customary, and socialist laws. Federal libraries are libraries of a federal government. In the United States, the

neg: Federal law decisions regarding federal laws regarding specific cases brought before them. United States federal laws are codified in the United States Code. Federal law Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, delegating their individual sovereignty and many powers to the central government while retaining or reserving other limited powers. As a result, two or more levels of government exist within an established geographic territory. The body of law of the common central

neg: Commentaries on the Laws of England for a lay readership since at least the Middle Ages. The common law of England has relied on precedent more than statute and codifications and has been far less amenable than the civil law, developed from the Roman law, to the needs of a treatise. The "Commentaries" were influential largely because they were in fact readable, and because they met a need. The "Commentaries" are often quoted as the definitive pre-Revolutionary source of common law by United States courts. Opinions of the Supreme Court of the United States quote from Blackstone's work whenever they wish to engage in historical discussion

neg: Set-off (law) every creditor, to apply the unappropriated moneys of his debtor, in his hands, in extinguishment of the debts due to him' " (quoting Gratiot v. United States, 40 U.S. (15 Pet.) 336, 370, 10 L.Ed. 759 (1841))); see also Tatelbaum v. United States, 10 Cl.Ct. 207, 210 (1986) (set-off right is inherent in the United States government and grounded on common law right of every creditor to set off debts). Set-off (law) In law, set-off or netting are legal techniques applied between persons with mutual rights and liabilities, replacing gross positions with net positions. It permits the rights to be

neg: United States obscenity law sexual content. They found that films have also been further censored than their heterosexual, male, white counterparts due to gay sex (even if implied), African American sex, or female pleasure as opposed to male pleasure. In 1969, the Supreme Court held in "Stanley v. Georgia" that State laws making mere private possession of obscene material a crime are invalid, at least in the absence of an intention to sell, expose or circulate the material. United States obscenity law United States obscenity law deals with the regulation or suppression of what is considered obscenity. In the United States, discussion of obscenity

neg: Law of the United States were ruled to be unconstitutional. However, under the principle of "stare decisis", no sensible lower court will enforce an unconstitutional statute, and any court that does so will be reversed by the Supreme Court. Conversely, any court that refuses to enforce a constitutional statute (where such constitutionality has been expressly established in prior cases) will risk reversal by the Supreme Court. The United States and most Commonwealth countries are heirs to the common law legal tradition of English law. Certain practices traditionally allowed under English common law were expressly outlawed by the Constitution, such as bills of attainder and general

neg: Birthright citizenship in the United States the Constitution, which referred Citizenship to the place of birth. At the Declaration of Independence, and ever since, the received general doctrine has been, in conformity with the common law, that free persons born within either of the colonies, were the subjects of the King; that by the Declaration of independence, and the consequent acquisition of sovereignty by the several States, all such persons ceased to be subjects, and became citizens of the several States ... The Constitution has left to the States the determination what person, born within their respective limits, shall acquire by birth citizenship of the United

neg: Common-law marriage in the United States parties are legally incapable of entering into a common law marriage, because they are already married, does not preclude criminal liability for bigamy or polygamy. Alabama abolished common law marriage effective January 1, 2017. Common law marriages contracted before this date are still valid. Such a valid common law marriage exists when there is capacity to enter into a marriage, the parties must be at least 16 with legal parental consent and present agreement or consent to be married, public recognition of the existence of the marriage, and consummation. Florida abolished common law marriage effective January 1, 1968. Marriages contracted

neg: Abortion debate Henry II in 11th century England, but has precedent in Anglo-Saxon law. This provision guarantees the right to freedom from arbitrary government interference, as well as due process of law. This conception of the right to privacy is operant in all countries which have adopted English common law through Acts of Reception. The Law of the United States rests on English common law by this means. "Time" has stated that the issue of bodily privacy is "the core" of the abortion debate. "Time" defined privacy, in relation to abortion, as the ability of a woman to "decide what happens to

neg: United States Senate Appropriations Subcommittee on Energy and Water Development bills are supplemental appropriations bills, which add additional funding above and beyond what was originally appropriated at the beginning of the fiscal year. Supplemental appropriations bills can be used for things like disaster relief. Appropriations bills are one part of a larger United States budget and spending process. They are preceded in that process by the president's budget proposal, congressional budget resolutions, and the 302(b) allocation. Article One of the United States Constitution, section 9, clause 7, states that "No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law..." This is what gives Congress

neg: Oliver Wendell Holmes Jr. and lectures concerning the history of the common law, judicial decisions in England and the United States, which he interpreted from the perspective of a practicing lawyer. What counted as law, to a lawyer, was what judges did in particular cases. Law was what the state would enforce, through violence if necessary; echoes of his experience in the Civil War were always present in his writings. Judges decided where and when the force of the state would be brought to bear, and judges in the modern world tended to consult facts and consequences when deciding what conduct to punish. The

neg: Great pond (law) Great pond (law) A great pond in the United States is a pond or lake that is held in trust by the state for public use. Generally, any natural body of water that is larger than in size is public water. In certain New England states, this legal definition exists at both common law and statutory law. As is often the case in the United States, the "law of great ponds" descended from early English common law. In 1890, Charles Doe, Chief Justice of the New Hampshire Supreme Court, described the development of the law of great ponds in "Concord

neg: Olmstead v. United States judicial system, including the Supreme Court of the United States, largely followed the precepts of English common law when it came to matters dealing with the validity of introducing evidence in criminal trials. In most cases, the general philosophy was that the process by which the evidence was obtained had little to do with admissibility in court. The only limiting factor was that the police agents could not break the law to seize the evidence; however, since what is now illegal seizure was then permitted by the courts, it rarely presented a significant challenge. In 1914, however, in the landmark

neg: Abrams v. United States formula, nor Holmes's dissent, are authoritative, and while "Schenck" appears to remain good law, it is now more common to cite "Brandenburg v. Ohio" for the standard to be applied in criminal prosecutions, except in cases involving national security in which "Holder v. Humanitarian Law Project" governs. Abrams v. United States Abrams v. United States, 250 U.S. 616 (1919), was a decision by the Supreme Court of the United States upholding the 1918 Amendment to the Espionage Act of 1917, which made it a criminal offense to urge curtailment of production of the materials necessary to the war against Germany

neg: Common law law "process". Law professor John Chipman Gray's "The Nature and Sources of the Law", an examination and survey of the common law, is also still commonly read in U.S. law schools. In the United States, Restatements of various subject matter areas (Contracts, Torts, Judgments, and so on.), edited by the American Law Institute, collect the common law for the area. The ALI Restatements are often cited by American courts and lawyers for propositions of uncodified common law, and are considered highly persuasive authority, just below binding precedential decisions. The Corpus Juris Secundum is an encyclopedia whose main content is a

neg: Notary public (United States) their state. A Maryland requirement that to obtain a commission, a notary declare his belief in God, as required by the Maryland Constitution, was found by the United States Supreme Court in "Torcaso v. Watkins", to be unconstitutional. Historically, some states required that a notary be a citizen of the United States. However, the U.S. Supreme Court, in the case of "Bernal v. Fainter" , declared that to be impermissible. In the U.S., there are reports of notaries (or people claiming to be notaries) having taken advantage of the differing roles of notaries in common law and civil law jurisdictions

neg: Common-law marriage in the United States Scotland or to the American colonies, and Ireland was still a separate country in 1753; so common law marriage continued in the future United States until individual states abolished it. The term "common law marriage" is often used colloquially or by the media to refer to cohabiting couples, regardless of any legal rights that these couples may or may not have, which can create public confusion both in regard to the term and in regard to the legal rights of unmarried partners. Properly used, If the marriage is recognized under the law and customs of the state or jurisdiction in

neg: Right to keep and bear arms in the United States common law right was continued and guaranteed for the People, and statutory law enacted subsequently by Congress cannot extinguish the pre-existing common law right to keep and bear arms. The Second Amendment to the United States Constitution refers to a pre-existing right to keep and bear arms: The right is often presented in the United States as being an unenumerated, pre-existing right, such as provided for by the Ninth Amendment to the United States Constitution, interpreted by some as providing for unenumerated rights, and therefore implicitly a right to keep and bear arms: Some have seen the Second Amendment as

neg: Concurrent estate every state in the United States has at least minor variations on the law as applied to joint ownership of property. These links generally discuss the law as applied in the state from which they originate: IRS Revenue Procedure 2002-20, which covers the finer details controlling what constitutes a Tenant in Common for federal tax purposes. Tenant in Common Association Comprehensive Tenancy in Common Resource Database Detailed Info on San Francisco Tenancy in Common Rules Tenancy By the Entirety in Massachusetts. For a good discussion on this misunderstood estate see "Coraccio v. Lowell Five Cents Savings Bank", 415 Mass. 145,

neg: Fifth Amendment to the United States Constitution Process Clause, and then the Takings Clause. The grand jury is a pre-constitutional common law institution, and a constitutional fixture in its own right exclusively embracing common law. The process applies to the states to the extent that the states have incorporated grand juries and/or common law. Most states have an alternative civil process. "Although state systems of criminal procedure differ greatly among themselves, the grand jury is similarly guaranteed by many state constitutions and plays an important role in fair and effective law enforcement in the overwhelming [p688] majority of the States." Branzburg v. Hayes (No. 70-85) 1972. Grand

neg: Oil and gas law in the United States by the individual states through statutes and common law. Federal and constitutional law apply as well. In the United States, oil and gas rights to a particular parcel may be owned by private individuals, corporations, Indian tribes, or by local, state, or federal governments. Oil and gas rights extend vertically downward from the property line. Unless explicitly separated by a deed, oil and gas rights are owned by the surface landowner. Oil and gas rights offshore are owned by either the state or federal government and leased to oil companies for development. The tidelands controversy involve the limits of state