Ian’s Legal Fact of the Week 2/6/17: Husband Killing as Petty Treason

Until 1828 in the U.K., a wife killing her husband committed ‘petty’ or ‘petit’ treason, not murder, as the law deemed this a crime against the social order. The penalty was burning at the stake, until replaced by hanging in 1790.

Ian’s Legal Fact of the Week 1/30/17: The First American Gun Law

The first gun law passed in the United States was in Kentucky in 1813, which banned people from carrying concealed weapons. Kentucky currently requires a permit for concealed carry, although a gun permit is not required for owning a firearm.

Ian’s Legal Fact of the Week 1/23/17: The Stupid Motorist Law

Arizona has a law popularly referred to as the “Stupid Motorist Law“, which renders motorists liable for the cost of their rescue. A response to the flash floods common in the Southwestern U.S., the law states that if a motorist ignores barricades … Continue reading

Ian’s Legal Fact of the Week 1/17/17: Presidential Oath of Office

The Presidential Oath of Office is specified in Article II, Section One, Clause 8: “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, … Continue reading

Ian’s Legal Fact of the Week 12/5/16: The Original Proposed 13th Amendment

While the Thirteenth Amendment outlawed slavery, the original proposed Thirteenth Amendment was altogether different. Approved by Congress in 1810, the Titles of Nobility Amendment was designed to strip U.S. citizenship from any citizen who accepted an aristocratic title from a … Continue reading

Ian’s Legal Fact of the Week 11/28/16: The Third Amendment

The Third Amendment states that “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.”  The British practice of … Continue reading

Ian’s Legal Fact of the Week 11/21/16: Thanksgiving as a Federal Holiday

A proclamation by President George Washington and a congressional resolution established the first national Thanksgiving Day on November 26, 1789. The holiday was intended to give thanks for the new government formed under the Constitution. It became an official federal holiday … Continue reading

Ian’s Legal Fact of the Week 11/14/16: Alienation of Affection

One of the most common 19th century civil suits was for alienation of affection, awarding damages to litigants whose marriages disintegrated due to the actions of a third party. In order for a plaintiff to prevail, he or she had … Continue reading

Ian’s Legal Fact of the Week 11/7/16: The Prohibition Party

Just in time for election day: the oldest third party in the United States is the Prohibition Party, founded in 1869, which advocates against the sale or consumption of alcoholic beverages. It declined dramatically in its popularity after the repeal of … Continue reading

Ian’s Legal Fact of the Week 10/31/16: The Meaning of ‘Rap’

The word rap – referring originally to a mild form of rebuke (such as to rap one’s knuckles) – by the late 18th century referred to punishment or blame for serious offences. By the early 19th century, it entered American … Continue reading

Ian’s Legal Fact of the Week 10/24/16 — the Rule of Lenity

The Rule of Lenity is a judicial doctrine requiring that courts use a principle of leniency when resolving ambiguities in statutes related to punishment. Should there be multiple or inconsistent penalties set out in a criminal statute, the Rule requires courts … Continue reading