Act of Statute

Examples of Act of Statute in the following topics:

• Women and the Law

  • The Married Women's Property Act of 1839 was an act of statute in the state of Mississippi that significantly altered the law regarding property rights granted to married women, allowing them to own and control their own property.
  • This was the first of a series of Married Women's Property Acts issued in the United States.
  • The Married Women's Property Act of 1848 was a statute in New York State.
  • The Married Women's Property Act set a precedent for women's property rights that is thought to have influenced legislators' decision to maintain gender-neutral language in the Homestead Act of 1862, allowing any individual to file an application for a federal land grant.
  • One of Elizabeth Cady Stanton's many accomplishments for women's rights was the Married Women's Property Act of 1839.

• Results of the 1946 Act

  • The Federal Regulation of Lobbying Act of 1946 was a statute enacted by the United States Congress to reduce the influence of lobbyists.
  • The Federal Regulation of Lobbying Act of 1946 was a statute enacted by the United States Congress that was intended to reduce the influence of lobbyists on the government.
  • The provisions of the act define lobbying in the following manner:
  • The Court upheld the act's constitutionality, but it also narrowed the scope and application of the act.
  • Summarize the contents of the 1946 Federal Regulation of Lobbying Act and reactions to it

• Judicial Federalism

  • The first Congress passed the Judiciary Act of 1789, which established the lower federal courts and specified the details of federal court jurisdiction.
  • Section 25 of the Judiciary Act provided for the Supreme Court to hear appeals from state courts when the state court decided that a federal statute was invalid or when the state court upheld a state statute against a claim that the state statute was repugnant to the Constitution.
  • The Judiciary Act thereby incorporated the concept of judicial review.
  • Judicial review in the United States refers to the power of a court to review the constitutionality of a statute or treaty or to review an administrative regulation for consistency with a statute, a treaty, or the Constitution itself.
  • As of 2010, the United States Supreme Court had held some 163 Acts of the U.S.

• Primary Sources of American Law

  • A statute does not disappear automatically merely because it has been found unconstitutional; a subsequent statute must delete it.
  • Some reception statutes impose a specific cutoff date for reception, such as the date of a colony's founding, while others are deliberately vague.
  • Second, a small number of important British statutes in effect at the time of the Revolution have been independently reenacted by U.S. states.
  • Two examples that many lawyers will recognize are the Statute of Frauds (still widely known in the U.S. by that name) and the Statute of 13 Elizabeth (the ancestor of the Uniform Fraudulent Transfers Act).
  • However, it is important to understand that despite the presence of reception statutes, much of contemporary American common law has diverged significantly from English common law.

• Federal Mandates

  • According to the Unfunded Mandates Reform Act of 1995 (UMRA), an intergovernmental mandate can take various forms.
  • An enforceable duty refers to any type of legislation, statute, or regulation that requires or proscribes an action of state or local governments, excluding actions imposed as conditions of receiving federal aid.
  • Starting with the Civil Rights Act of 1957, the Civil Rights Act of 1964, and the Voting Rights Act of 1965, the U.S. federal government designed laws that required spending by state and local governments to promote national goals.
  • During the Reagan Administration , Executive Order 12291 and the State and Local Cost Estimate Act of 1981 were passed, implementing a careful examination of the true costs of federal unfunded mandates.
  • During the Reagan Administration, Executive Order 12291 and the State and Local Cost Estimate Act of 1981 were passed.

• Sunset Laws

  • A sunset provision is a measure within a statute that provides that a law shall cease to be in effect after a specific date.
  • The Sedition Act of 1798 was a political tool used by John Adams and the Federalist Party to suppress opposition that contained a sunset provision.
  • Several surveillance portions of the USA Patriot Act were originally set to expire on December 31, 2005.
  • The Congressional Budget Act governs the role of Congress in the budget process.
  • John Adams and his Federalist Party used a sunset provision in the Sedition Act of 1798 to ensure that the Sedition Act would cease once Adams was out of office.

• The Supremacy Clause

  • The Supremacy Clause only applies if the federal government is acting in pursuit of its constitutionally authorized powers, as noted by the phrase "in pursuance thereof" in the actual text of the Supremacy Clause itself.
  • The Court found this Virginia statute inconsistent with the Treaty of Paris with Britain, which protected the rights of British creditors.
  • The Court held that the Treaty superseded the Virginia statute and it was the duty of the courts to declare the Virginia statute "null and void. "
  • Nelson (1956) the Supreme Court struck down the Pennsylvania Sedition Act, which made advocating the forceful overthrow of the federal government a crime under Pennsylvania state law.
  • The state of Arkansas had adopted several statutes designed to nullify the desegregation ruling.

• Fair Labor Standards Act

  • The Fair Labor Standards Act of 1938 established a national minimum wage, forbade "oppressive" child labor, and provided for overtime pay in designated occupations.
  • These jobs are specifically excluded from the statute.
  • Most railroad workers are also not covered as they are governed by the Railway Labor Act or the Motor Carriers Act.
  • Some jobs are specifically excluded in the statute itself.
  • Explain the specifications of the Fair Labor Standards Act of 1938 (FLSA)

• Common Law

  • 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 not repugnant to domestic law or indigenous conditions.
  • Some reception statutes impose a specific cutoff date for reception, such as the date of a colony's founding, while others are deliberately vague.
  • Federal courts are solely creatures of the federal Constitution and the federal Judiciary Acts.
  • All states have a legislative branch which enacts state statutes, an executive branch that promulgates state regulations pursuant to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns state statutes, regulations, and local ordinances.
  • This occurs to the extent that the subject matter of the particular statute at issue was covered by some judge-made principle at common law.

• Social and Legal Considerations

  • All commercial acts may be deceptive, not just advertising, but noncommercial activity such as advertising for political candidates is not subject to prosecution under the FTC Act.
  • The goal is prevention rather than punishment, reflecting the purpose of civil law in setting things right rather than that of criminal law.
  • The typical sanction is to order the advertiser to stop its illegal acts, or to include disclosure of additional information that serves to avoid the chance of deception.
  • In California, one such statute is the Unfair Competition Law [hereinafter "UCL"], Business and Professions Code § 17200 et seq.
  • The UCL "borrows heavily from section 5 of the Federal Trade Commission Act" but has developed its own body of case law.