Author: uslawessentials

What does “national law” mean in the United States? Is it the same as federal law?

In the United States, national law and federal law are the same thing.  National laws are enacted by Congress and signed into law by the President of the United States. Because of  federalism, power is divided in the United States between the national government based in Washington, D.C. and state governments.  Both the state and national governments have the power to pass laws.  For example, New York State can pass a law that criminalizes certain types of conduct,  such as robbery, and the United States federal government can pass laws that would criminalize certain types of conduct, such as smuggling illegal goods into the country.  Here is a video on federalism:     Recognizing Federal and State Laws There are some ways to recognize federal and state laws. First, federal laws typically have a recognizable  popular name and a citation.  Popular name just means the name politicians give the law so people can recognize it.  For example, President Obama signed into law the Patient Protection and Affordable Care Act. But citation tells you where the law was published and that will always inform you whether the law is a federal law or not.  Federal laws are published in the United States Code, abbreviated as USC. For example, let’s say you see a  law cited as: 18 USC § 2113 This tells you that the law is a federal law because it is in...

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When does silence = acceptance of an offer?

Although our general rule is that acceptance requires some sort of overt manifestation that the offeree accepted an offer, sometimes silence is enough  to accept an offer. Remember, the elements of a contract are offer, acceptance, and consideration.  So how can an offeree accept an offer through silence? As discussed in the video above, if the offeree knows the terms of the offer, has an opportunity to reject the offer, but instead remains silent and accept the benefit of the offer, a court is likely to conclude that the offeree accepted the offer. The Restatement (Second) of Contracts Section...

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How do parties make and oppose motions in the United States?

  The video above presents several important aspects of motion practice, including what a motion is, the notice of motion, supporting the motion, and opposing the motion. Keep in mind that different motions (and different courts) require different steps when making and opposing a motion.  For example, a motion for summary judgment pursuant to Rule 56 in federal court requires certain supporting documentation that would not be required for a Rule 12 motion to dismiss for failure to state a claim.  State court motions will look a bit different from state to state. Get a Civ Pro Quiz Ebook! 101 Civ Pro Questions and Explanations...

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