State Laws and Statutes

Law Library - American Law and Legal Information

Abortion laws - Information on the law about Abortion - Illegal Abortion, Legal Abortion, Partial Birth Abortion, State Of The Statutes

The laws governing abortion are the most controversial in the United States today. The disunity among states regarding these laws, particularly those that define a legal abortion, reflects society's conflicting views toward abortion. Abortion laws, as treated here, contain three main parts: a definition of an illegal abortion, a definition of a legal abortion, and a section dealing with con…

less than 1 minute read

Adoption laws - Information on the law about Adoption - Federal Law

There is great variety among states regarding adoption laws, perhaps due to the very personal nature of these laws. A long legal tradition did not surround family law, and as state governments began to take responsibility for regulating family relationships, they tended to develop very unique and regional variations on aspects of family law, including adoption. These variations spawned difficult l…

31 minute read

Adverse Possession laws - Information on the law about Adverse Possession - Requirements

The doctrine of "adverse possession" is one of the most interesting in the field of real property law. The character of the law reflects the pioneer spirit of a growing world in both North America and Europe over the last few centuries. If a person moves into possession of property, improves it and possesses it in a public manner, then after a certain amount of time he will acquire t…

19 minute read

Antitrust laws - Information on the law about Antitrust

Antitrust violations are "crimes" committed by business entities that injure both competing businesses and the consumer by artificially inflating or fixing prices. Antitrust laws came into national prominence in the late nineteenth century with the rise of the giant industrial monopolies. Two types of monopolies, horizontal and vertical, were felt to be particularly harmful to compet…

16 minute read

Attorneys laws - Information on the law about Attorneys - Legal Education and Admission to the Bar

When the American Bar Association (ABA) was founded a little more than one hundred years ago, its first priority was to set standards for legal education. Its Section on Legal Education and Admission to the Bar immediately set out to accredit law schools and monitor the quality of the legal education each school provided. The purpose was to guard against widely varying levels of preparedness and e…

46 minute read

Capital Punishment laws - Information on the law about Capital Punishment

The acceptance of capital punishment, or the death penalty, as a sentence for heinous criminal acts has been hotly debated across the nation over the last few decades. On the books in most states, the death penalty has been challenged by many, originally on grounds that it violated the Constitutional prohibition against cruel and unusual punishment, and later on the procedural grounds that there w…

51 minute read

Child Abuse laws - Information on the law about Child Abuse

If child abuse is not the most serious crime facing our society today, it is certainly one of the most heart-wrenching. There are many attempts under way to remedy the underlying causes of child abuse, but, until it is eliminated states have unanimously responded with laws specifically designed to identify and punish child abusers. Child abuse is an insidious type of crime where the victims are, f…

50 minute read

Child Custody laws - Information on the law about Child Custody

Because of the importance of the laws regarding child custody, all fifty states and the District of Columbia have adopted the Uniform Child Custody Act. Prior to the twentieth century, it was standard that the father would take sole custody of the children upon divorce. In the twentieth century, however, it became common practice to award custody of children "of tender years" to the …

13 minute read

Civil Rights laws - Information on the law about Civil Rights

Civil rights laws are among the most volatile and controversial in the American legal system. The force behind these laws is that certain groups of individuals in our society need protection from infringement on certain basic rights that are recognized under our legal system and are inherent in our form of government. Civil rights are considered fundamental to all citizens under the Constitution o…

21 minute read

Civil Statutes of Limitation laws - Information on the law about Civil Statutes of Limitation - How Long?, From When To When?

The idea behind statutes of limitation is mainly one of general practicability and fairness. It is never fair to let a legal matter hang unfinished over someone's head indefinitely. There needs to be a distinct end to each legal conflict in order to let the parties involved move on with their lives. Particular legal matters may cause parties to cease certain business transactions or persona…

less than 1 minute read

Cocaine laws - Information on the law about Cocaine

Table 11a: Illegal Drugs: Cocaine Table 11a: Illegal Drugs: Cocaine—Continued Table 11a: Illegal Drugs: Cocaine—Continued Table 11a: Illegal Drugs: Cocaine—Continued Table 11a: Illegal Drugs: Cocaine—Continued Table 11a: Illegal Drugs: Cocaine—Continued Table 11a: Illegal Drugs: Cocaine—Continued Table 1…

31 minute read

Compulsory Education laws - Information on the law about Compulsory Education

Public schools are a relatively new concept in Western culture. Not until the nineteenth century did states officially begin to take responsibility for educating children. Before that time education was a private matter, either handled by parents, churches, or communities that joined together and paid a teacher to educate their children. Some early state constitutions and territory charters specif…

37 minute read

Computer Crimes laws - Information on the law about Computer Crimes

The body of laws governing crimes on the Internet are some of the most rapidly changing of all state laws. Controversy surrounding issues such as pornography on the Internet and the World Wide Web, the copying and posting of copyrighted information from an authorized site on the Internet to another site, and privacy of communication and access to materials on the Internet are still being hotly deb…

33 minute read

Consumer Taxes laws - Information on the law about Consumer Taxes

The taxation system in the United States is very complicated due, in part, to the attempt by governing bodies to make taxation, across the board, appear reasonable and invisible. Overall, there are two types of consumer taxes. Some are meant merely to raise revenues while others are designed to inhibit certain behavior. (In the income tax arena, however, which is significantly in the domain of the…

23 minute read

Corporal Punishment in Public Schools laws - Information on the law about Corporal Punishment in Public Schools

In 1977, the U.S. Supreme Court ruled in Ingraham v. Wright, that schools may use corporal punishment despite parental objection. Prior to that ruling, there were few, if any, state statutes regulating the use of physical means of discipline in schools. After the decision, states began to address the issue. At present, twenty-five states have statutes covering corporal punishment. The following ch…

13 minute read

Criminal Statutes of Limitation laws - Information on the law about Criminal Statutes of Limitation

A statute of limitation is a law which forbids prosecutors from charging someone with a crime that was committed more than a specified number of years ago. The general purpose of statutes of limitation is to make sure convictions occur only upon evidence (physical or eyewitness) that has not deteriorated with time. After the period of the statute has run, the criminal is essentially free. Statutes…

31 minute read

Deceptive Trade Practices laws - Information on the law about Deceptive Trade Practices

A deceptive trade practice is an activity in which an individual or business engages that is calculated to mislead or lure the public into purchasing a product or service. False advertising and odometer tampering are two of the most blatant examples of this commercial lying. Such activities are given special status as offenses against the citizenry in general and are therefore accorded by law spec…

30 minute read

Drunk Driving laws - Information on the law about Drunk Driving

Penalties for drunk driving continue to become tougher over the years as the cost of this dangerous behavior rises. Reckless alcohol consumption among young people has also risen markedly, and it has been met with sharp intolerance. There are often lower legal limits for minor drivers and longer driver's license suspensions. Drunk driving, driving while intoxicated (DWI), or driving under t…

46 minute read

Durable Power of Attorney laws - Information on the law about Durable Power of Attorney

Table 37a: Right to Die: Durable Power of Attorney Table 37a: Right to Die: Durable Power of Attorney—Continued Table 37a: Right to Die: Durable Power of Attorney—Continued Table 37a: Right to Die: Durable Power of Attorney—Continued Table 37a: Right to Die: Durable Power of Attorney—Continued Table 37a: Right to Die: Durable Power…

71 minute read

Euthanasia laws - Information on the law about Euthanasia

Table 37b: Right to Die: Euthanasia Table 37b: Right to Die: Euthanasia—Continued Table 37b: Right to Die: Euthanasia—Continued Table 37b: Right to Die: Euthanasia—Continued Table 37b: Right to Die: Euthanasia—Continued Table 37b: Right to Die: Euthanasia—Continued …

18 minute read

Gambling laws - Information on the law about Gambling

Gambling is an industry that is undergoing tremendous change. It was not too long ago that Nevada was the only state in the union that allowed casino gambling. Today, numerous states either are considering legalizing gambling, or have already done so. There are two factors that are driving the change. First, Native Americans have won the right to establish casinos on their lands regardless of the …

37 minute read

Grounds for Divorce laws - Information on the law about Grounds for Divorce

The bond of marriage and the nuclear family unit were thought to be sacred unions to be preserved at all costs. Divorce was a stigma and a "bad" marriage was a thing to be endured for the sake of the family and, in particular, the children. However, the last 40 years has seen a remarkable shift in emphasis in the area of divorce. Originally, in order to obtain a divorce the pleading …

34 minute read

Gun Control laws - Information on the law about Gun Control

The state laws controlling the purchase of firearms are varied and constantly changing. The laws reviewed here are current, but there is still a great amount of legislation pending before state governments designed primarily to make the legal purchase of guns more difficult. Each state has some form of restriction on the buying of guns, though rural states tend to be less restrictive in controllin…

33 minute read

Heroin laws - Information on the law about Heroin

Table 11b: Illegal Drugs: Heroin Table 11b: Illegal Drugs: Heroin—Continued Table 11b: Illegal Drugs: Heroin—Continued Table 11b: Illegal Drugs: Heroin—Continued Table 11b: Illegal Drugs: Heroin—Continued Table 11b: Illegal Drugs: Heroin—Continued Table 11b: Illegal Drugs: Heroin—Continued Table 11b: Ill…

29 minute read

Homestead laws - Information on the law about Homestead - Limitations

Homestead laws are designed to protect small individual property owners, such as homeowners, from the everchanging economic climate of the United States. Often when the economy changes, small property owners are unable to meet the demands of their creditors. Homestead laws allow an individual to register a portion of his real and personal property as "homestead," thereby making that …

14 minute read

Illegal Drugs laws - Information on the law about Illegal Drugs

Although the 1960s and 1970s seemed to hail a new level of legal tolerance toward recreational drug use, the movement became mired in reality in the 1980s when society as a whole grew intolerant of drug use of any kind, largely due to the destructive nature and violent criminal character of the drug trafficking and distribution business. As a result, what little ground gained toward the legalizati…

2 minute read

Interest Rates laws - Information on the law about Interest Rates

Every state has very specific limits on the amount of interest that may be charged on consumer contracts, ranging anywhere from 5 to 15 percent. But because parties may always agree to interest rates that are above the legal limit, most consumer contracts include interest rates that are above that limit. Thus few states have limits on what can be expressly agreed to in a contract. For example, Ala…

30 minute read

Leases and Rental Agreements laws - Information on the law about Leases and Rental Agreements

When an individual agrees to rent or lease real estate property the tenant signs either a lease or a rental agreement with the owner of the property outlining the terms of the agreement. The difference between rentals and leases is that the terms of leases are generally for at least one year, though lease payments are usually paid by the month. Terms for rentals are generally month-to-month, altho…

33 minute read

Legal Ages laws - Information on the law about Legal Ages

The law only recognizes as legal the acts of persons who possess the capacity to form the proper intent to perform the particular acts. Two aspects of "capacity" are recognized: the mental capacity to form the intent to commit an act, and maturity, or the roughly objective measure of the ability to form a legal intent. It is maintained that when a child reaches a certain age his or h…

28 minute read

Legal Holidays laws - Information on the law about Legal Holidays

The diversity of our country is reflected in the various holidays recognized by the individual states. While many holidays, including New Year's Day, Memorial Day, and Labor Day, are considered legal holidays in all states, others, such as Good Friday and Robert E. Lee's Birthday, are recognized in only a handful, while a few are particular to only one state, for example Alaska Day a…

15 minute read

Lemon laws - Information on the law about Lemon Cars

Everyone has heard of someone who has bought a new car that was a "lemon." The car had either one major defect that could not be repaired or numerous minor defects that were always in need of repair. Prior to the 1970s, when consumer advocacy hit its peak and numerous laws were enacted to protect the buyers of lemons, the only recourse the purchaser had was his or her warranty. As lo…

34 minute read

Living Wills laws - Information on the law about Living Wills

Table 37c: Right to Die: Living Wills Table 37c: Right to Die: Living Wills—Continued Table 37c: Right to Die: Living Wills—Continued Table 37c: Right to Die: Living Wills—Continued Table 37c: Right to Die: Living Wills—Continued Table 37c: Right to Die: Living Wills—Continued Table 37c: Right to Die: Living Wills…

70 minute read

Marijuana laws - Information on the law about Marijuana

Table 11c: Illegal Drugs: Marijuana Table 11c: Illegal Drugs: Marijuana—Continued Table 11c: Illegal Drugs: Marijuana—Continued Table 11c: Illegal Drugs: Marijuana—Continued Table 11c: Illegal Drugs: Marijuana—Continued Table 11c: Illegal Drugs: Marijuana—Continued Table 11c: Illegal Drugs: Marijuana—Continued …

31 minute read

Marital Property laws - Information on the law about Marital Property

Marital property is generally considered to be all property acquired by a couple during their marriage or earned by either spouse during their marriage. It is all property owned by the marital estate. Generally, gifts or inheritances to either spouse along with any money or property earned prior to the marriage are the separate property of that spouse unless it is somehow "converted"…

11 minute read

Marriage Age Requirements laws - Information on the law about Marriage Age Requirements

The laws regulating marriage are quite uniform. The right to marry is considered very personal, and once the "age of majority," or when one can marry without the permission of a parent or guardian, is reached, it is the couple's sole decision whether or not to marry. However, below this age, parental consent is required (though states do not require the consent of a parent or …

17 minute read

Medical Records laws - Information on the law about Medical Records

Federal, state, and local governments are responsible for protecting and safeguarding the public health and welfare. Accordingly, during terms of various epidemics the state has required the registration of infected persons in order to treat and/or quarantine them and to study the spread of the disease to ultimately control and eradicate it. Thus, although access to medical records is highly guard…

34 minute read

Minimum Wage laws - Information on the law about Minimum Wage

The federal government has established a minimum wage, or the least dollar amount that may be paid hourly workers, that applies to all workers in all fifty states who are engaged in interstate commerce or the production of goods for interstate commerce (and closely allied enterprises) or are employed by an enterprise engaged in interstate commerce or the production of goods for commerce. Businesse…

15 minute read

Negligence laws - Information on the law about Negligence - Contributory Negligence, Contribution Among Tortfeasors, The State Of The Law - Comparative Fault

Negligence is an actionable tort. This means that if one person's carelessness causes another personal injury, the injured party may sue to recover damages (money) for his or her injuries. The idea that a person can sue for negligence is a relatively new phenomenon, only about a century old. The reason for negligence's late recognition is because common law traditionally recognized o…

1 minute read

Personal Income Tax laws - Information on the law about Personal Income Tax

If you live in Alaska, Florida, Nevada, South Dakota, Texas, Washington, or Wyoming, you may not be aware that most of the rest of the country has to file two tax returns every April. Every other state, aside from these lucky seven, requires income tax—over and above federal taxes—from its citizens. Deductions and exemptions available to the taxpayer can be very detailed and vary gre…

24 minute read

Prayer in Public Schools laws - Information on the law about Prayer in Public Schools

Although the United States Supreme Court ruled prayer in public schools unconstitutional in 1962, many individual states have not taken action to conform with the Court's edict. Until the early 1960s, there were no laws on the subject of prayer in schools, though some states' supreme courts have addressed the practice under their own state constitutions. After the Supreme Court struc…

9 minute read

Privacy of School Records laws - Information on the law about Privacy of School Records - FERPA

The question of the right of privacy and, specifically, who should have access to student records has divided parents and students from school teachers and administrators. There are strong arguments on both sides. School teachers and administrators believe, traditionally, that they should be able to deal with the children they teach in utter confidence—especially when it comes to evaluation…

17 minute read

Prohibited Consensual Sexual Activity laws - Information on the law about Prohibited Consensual Sexual Activity

The laws covered by this chapter concern state legislation intended to control the private sexual practices of citizens. A related issue, that of exposure of a sexual partner to AIDS is also covered here, therefore, it covers situations where the sex act is not fully consensual, such as whether the victim of a sexual crime can compel testing of the perpetrator. In any case, knowingly exposing anot…

28 minute read

Protective Orders laws - Information on the law about Protective Orders

Protective orders are typically used in domestic disputes to ban one party from contact with another or from interfering with an order of the court with respect to child visitation or custody rights. They are also frequently used in cases of spousal abuse to keep the violent party from coming into contact with the victim. Protective orders are usually temporary measures that the court uses in orde…

48 minute read

Right to Die laws - Information on the law about Right to Die - Euthanasia, Living Wills - Durable Power of Attorney

Euthanasia laws, living wills, and the durable power of attorney, often referred to as the "Right-to-Die" laws, are concerned with how an individual who has become incapacitated may exert some influence and control over certain decisions that will be made concerning his or her care. Living wills and the durable power of attorney permit individuals to instruct his or her survivors, gu…

2 minute read

Right to Work laws - Information on the law about Right to Work

As labor unions began to organize and to bargain with employers on behalf of its members, many troublesome issues began to arise. For instance, if a union negotiated a contract with a company, did the contract cover only union members or those employees who refused to join the union too? Could the union insist that the employer refuse to hire nonunion members? If a member violated some union polic…

19 minute read

Stalking laws - Information on the law about Stalking

Stalking is a relatively new crime now on the books in every state. It is generally defined as the intentional, repeated following of a person for the purpose of harassing the person with express or implied threats of violence or death. The definitions vary only slightly from state to state with some states adding things like lying in wait, surveillance, or warnings from police officers. Stalking …

41 minute read

State Lotteries laws - Information on the law about State Lotteries

State lotteries have become nearly ubiquitous as state government activity. Forty states permit lotteries. In virtually all states with lotteries, the stated purpose is to raise revenue. However, there is wide diversity in how the money raised is distributed. Most states (about 16) designate lottery profits for schools and education, about thirteen states distribute profit to the general fund, or …

31 minute read

Theft of Identity laws - Information on the law about Theft of Identity

With modern technology and the attendant changes to the ways we live come new hazards and new crimes. One of the crimes to emerge with new virulence in this high-tech age is that of theft of identity. However, it should be made clear that this is a crime that is as old as history itself. From Jacob stealing Esau's birthright, to Jean Valjean becoming the Mayor, Monsieur Madeleine, to illega…

36 minute read

Whistleblower Statutes laws - Information on the law about Whistleblower Statutes

Whistleblower statutes protect employees when they find themselves in the difficult position of discovering their employer violating a law or in some way breaching the public trust. If the employer is warned of the problem but takes no action, or asks the employee to keep the situation confidential, the employee may be personally participating in a crime and may be exposed to a certain amount of p…

47 minute read

Wills laws - Information on the law about Wills

The purpose of a will is to permit the living to provide for those who come after him or her. By "willing" their estates, individuals can control the way their property is distributed after their deaths. If an individual dies without a will and without heirs or relatives, however, the estate escheats to the state. A will is thus a way to keep the estate in the hands of family and/or …

35 minute read