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The law of most of the states is based on the common law of England; the notable exception is Louisiana, whose civil law is largely based upon French and Spanish law.The passage of time has led to state courts and legislatures expanding, overruling, or modifying the common law; as a result, the laws of any given state invariably differ from the laws of its sister states.
The full faith and credit clause was never used to force a state to recognize a marriage it did not wish to recognize. [18] However, the existence of a common-law marriage in a sister state (still [timeframe?] available in nine states and the District of Columbia) has been recognized in divorce or dissolution of marriage cases.
A judgment rendered in a "sister" state or a territory of the U.S. is also referred to as a "foreign judgment". 48 states, the District of Columbia, the Northern Mariana Islands, [6] and the U.S. Virgin Islands have adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA), 13 U.L.A. 261 (1986), which requires the states and the ...
Duryee, 1t1 U.S. (7 Cranch) 481 [permanent dead link ] (1813), the United States Supreme Court ruled that the merits of a case, as settled by courts of one state, must be recognized by the courts of other states; state courts may not reopen cases which have been conclusively decided by the courts of another state.
States have various laws regarding marriage between cousins and other close relatives, [201] which involve factors including whether or not the parties to the marriage are half-cousins, double cousins, infertile, over 65, or whether it is a tradition prevalent in a native or ancestry culture, adoption status, in-law, whether or not genetic ...
In all but two states (and the special case of Ohio, which "targets only parental figures"), [1] incest is criminalized between consenting adults. In New Jersey and Rhode Island, incest between consenting adults (16 or over for Rhode Island, 18 or over for New Jersey) is not a criminal offense, though marriage is not allowed in either state.
Most U.S. states frown upon renvoi in a choice of law situation. In this example, they would insist that the only law the courts of State X should look at is the law of contracts of State Y, not the "whole law" of State Y, which includes that state's law governing choice of law. The basic criticism of renvoi is that it can lead to an endless ...
Statutes in the U.S. state of Georgia disqualify a juror if that person is related "by consanguinity or affinity" to any party "within the sixth degree as computed according to the civil law". [20] Virginia rulings in Jaques v.