Category Archives: Legal Fact of the Week

My collection of (hopefully) interesting legal factoids, or legal facts, delivered weekly during the academic year.

Ian’s Legal Fact of the Week 9/8/14: Anti-Stalking Laws

Posted on by October 23, 2014

California passed the first anti-stalking law in 1990, following the 1989 murder of actress Rebecca Schaeffer. Within 3 years every state had a similar law. Today all states have laws that also cover cyber-stalking and/or cyber-harassment. In recent years, a growing number … Continue reading →

Ian’s Legal Fact of the Week 9/1/14: The Bill of Rights

Posted on by August 29, 2014

James Madison introduced 39 proposed amendments to the Constitution before the House of Representatives in 1789; the House approved 17 of these, 12 of which were ultimately approved by Congress. Ten amendments, now known as the Bill of Rights, went on be ratified … Continue reading →

Ian’s Legal Fact of the Week 4/28/14: Gifts and Windfalls

Posted on by April 25, 2014

In U.S. tax law there is a distinction between gifts and windfalls. A windfall–which historically referred to fruit or trees blown down by the wind–now refers to any sudden, unearned gain such finding money on the street or buried treasure. A … Continue reading →

Ian’s Legal Fact of the Week 3/24/14: The 19th Amendment

Posted on by March 24, 2014

As the Constitution gave power to the states to determine voting qualifications, prior to 1910 no states allowed women to vote. This changed with the passage of the Nineteenth Amendment, which prohibited United States citizens from being denied the right to … Continue reading →

Ian’s Legal Fact of the Week 3/17/14: The Stupid Motorist Law

Posted on by March 17, 2014

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 should a motorist ignore … Continue reading →

Ian’s Legal Fact of the Week 2/24/14: Jury Nullification

Posted on by February 25, 2014

The practice of jury nullification–where juries render a verdict in opposition to the evidence and the law–is a legacy of the common law notion of the independence of juries. Most commonly it involves juries acquitting a defendant in the face … Continue reading →

Ian’s Legal Fact of the Week 2/17/14: Capital Punishment in the U.S.

Posted on by February 20, 2014

The earliest recorded instance of capital punishment in the U.S. was in 1608, carried out in the Jamestown colony against a defendant for spying for the Spanish government. Three states have never implemented capital punishment during their statehood: Michigan, Alaska and … Continue reading →

Ian’s Legal Fact of the Week 2/10/14: Presidential Pardons

Posted on by February 10, 2014

The President is given the pardon power for federal crimes under Art. II, section 2 of the Constitution, which states that the President “shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment”. Pardon petitions are addressed to the President but usually referred further to the Office of the Pardon Attorney for a non-binding recommendation. A symbolic use of this power is the annual pardoning of a turkey as part of the National Thanksgiving Turkey Presentation.

Ian’s Legal Fact of the Week 2/3/14: Parole

Posted on by February 3, 2014

Parole–the discretionary, provisional release of an inmate who agrees to abide by the terms of his or her early release–can be said to have its origins in antiquity, when soldiers defeated in battle pledged not to take up arms again in exchange for their release. Parole in the U.S. criminal justice system is a fairly recent invention, first introduced in 1876 in New York’s Elmira Reformatory.

Ian’s Legal Fact of the Week 1/27/14: The Only Impeachment Trial of a Supreme Court Justice

Posted on by January 27, 2014

Only one Justice of the Supreme Court has ever faced impeachment: Samuel Chase,  signer of the Declaration of Independence, was appointed by President George Washington and served from 1796 – 1811. In 1805, articles of impeachment were brought against him in … Continue reading →

Ian’s Legal Fact of the Week 1/20/14: Habeas Corpus

Posted on by January 20, 2014

Meaning “you may have the body”, habeas corpus is a writ (officially known as habeas corpus ad subjiciendum) that requires a person tbe brought before a court to determine if their detention is lawful. The petitioner does not require standing in … Continue reading →