In the United States, Uniform Act is the proposed state law drafted by the Uniform Law Commission (ULC) and approved by its sponsor, the National Conference of Commissioners on the Law of State Uniform (NCCUSL).
Federalism in the United States has traditionally limited the legislative authority of the federal government in favor of states. In particular, the United States' Tenth Amendment states that "power is not delegated to the United States by the Constitution, or prohibited by it to the United States, reserved to the United States, or to the people". Therefore, the state government is free to enact unique laws in any area outside the scope of federal preemption. Under the doctrine of Erie Railroad Co. v. Tompkins (1938), federal courts can not dictate laws to states on the pure issues of common law of the country (almost all contracts, errors, and family law). However, various legal matters regularly transcend national borders, which makes a predictable and relatively uniform set of laws across the country a desirable goal. "Story Uniform" is a written model law designed to facilitate the imposition of identical or similar laws by separate states. Such laws are different from compacts between countries.
Video Uniform Act
Drafting
NCCUSL is a private and government lawyer, a state and federal judge, and a law professor usually appointed by a state governor. It makes laws on various subjects and proposes them to be set by each state, the District of Columbia, the US Virgin Islands, and Puerto Rico. NCCUSL was founded in 1892. The NCCUSL, although influential, lacks direct legislative powers; uniform action becomes law only to the extent it is enacted into law by state legislatures.
Among the most influential uniform acts are the Uniform Commercial Code, the Uniform Probate Code, the Uniform Trust Code, the Uniform Partnership Act, the Restricted Companies Act, the Uniform Law for Underage Laws, the Uniform Certification of Legal Questions, the Laws Uniform Foreign Law Enforcement, Uniform Arrangement Ordinance, Uniform Arbitration Law, Uniform Uniformity of Environment Act, Uniform Conservation Unification Act, Uniform Management of Institutional Fund Act, Family Support Law the Uniform, the Child Protection Act and the Uniform Childcare Act, and the Uniform Anatomy Rewards Act.
In total, there are more than 100 uniform actions, which are periodically updated NCCUSL. Recent examples include the Revised Anatomy Uniform Rewards Act, Uniform Arbitration Laws Changed, Uniform Uniform Partnership Revisions, Unconstitutional Limited Liability Company Law Revisions, and Uniform Institutional Capital Management Law. The NCCUSL website should be consulted for the latest uniform action or its revisions.
A country may adopt a uniform action as written by NCCUSL, or a country may adopt a modified version. Unless these changes are small, they can seriously block the goal of uniform action - harmonizing the law. Therefore, people who do business in different countries should always keep checking local laws to ensure that (1) uniform action is enacted in the state governing certain legal issues, and (2) actual local action in accordance with the text promulgated by NCCUSL.
For example, in Payne v. Stalley (1995), an attorney relied on the official text of the Uniform Probate Code and failed to check the relevant Florida law. As a result, lawyers failed to meet the deadline for millions of claims filed. The court wrote, "[w] e can not rewrite Florida's will law to accommodate Michigan lawyers who are more familiar with the Uniform Probate Code".
Maps Uniform Act
Non-NCCUSL model law
Model Reason Code
The Criminal Code, which seeks to harmonize state criminal law laws, is actually a uniform act but developed by the American Institute of Laws rather than the NCCUSL.
Other model laws
The Law on Auction and Auction of Rights Uniform (2006) is a legal example proposed by the National Auction Association intended as a template for countries that make their own laws governing auctions and auctions.
Other well-known non-NCCUSL model laws include the Uniform Vehicle Code, Emergency State Model, Health Strength Act, Business Corporation Act Model, and UNCITRAL Law Model on International Commercial Arbitrage. The Federal Rules of Civil Procedure are intended to serve as models of civil procedure for the state and have been adopted, to some extent, by 35 countries.
See also
- Uniform List of Stories (United States)
- Uniform Commercial Code
- Country law
- Models act
References
External links
- National Conference Commissioner on Uniform Country Law
- List of NCCUSL Uniform Stories
Source of the article : Wikipedia
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