The young man knows the rules, but the old man knows the exceptions.

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Legal Definitions - laws of the several states

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Definition of laws of the several states

The phrase "laws of the several states" refers to the distinct body of legal rules and principles that originate from and apply within each individual U.S. state, rather than from the federal government. These laws are established in two primary ways:

  • State Statutes: These are laws formally enacted by a state's legislature (similar to a state's parliament).
  • State-Court Decisions: These are legal precedents and interpretations developed by judges in state courts when they rule on cases, which then guide future decisions within that state's judicial system.

Essentially, it encompasses all the unique legal frameworks that govern daily life, business, and personal matters within the boundaries of a specific state.

Examples:

  • Example 1: Real Estate Transaction

    Imagine a couple buying a house in Colorado. The legal requirements for transferring property ownership, the specific disclosures a seller must provide, and the responsibilities of real estate agents are all dictated by Colorado's specific real estate statutes and court decisions. These rules might differ significantly from those in, say, Texas or New York. This entire framework constitutes part of the "laws of the several states" – specifically, the laws of Colorado.

  • Example 2: Family Law Case

    Consider a couple residing in Massachusetts who decide to get a divorce. The division of their marital assets, the determination of spousal support (alimony), and any child custody arrangements will be decided strictly according to Massachusetts's Family Code and relevant rulings from Massachusetts state courts. A judge in Massachusetts cannot apply the family laws of Florida or California to this case; they must adhere to the "laws of the several states" as they exist in Massachusetts.

  • Example 3: Business Contract Dispute

    Suppose two companies, both based in Oregon, enter into a contract for a large software development project. If a dispute arises over the terms of that contract, any lawsuit filed would typically be heard in an Oregon state court. The court would interpret the contract and resolve the dispute by applying Oregon's contract law statutes and prior judicial decisions from Oregon courts. This application of Oregon-specific legal principles demonstrates the "laws of the several states" in action for commercial matters.

Simple Definition

The term "laws of the several states" refers to the body of legal rules originating from the individual U.S. states. This includes both the statutes passed by state legislatures and the legal principles established through decisions made by state courts, particularly on matters of general law.

The difference between ordinary and extraordinary is practice.

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