Kara Sears
American Jurisprudence 2d (Am Jur 2d) is an encyclopedia of United States law, covering all fields of American law, including Constitutional Law. It is a leading legal reference source for the legal profession, providing an overview of broad legal principles and offering practical guidance. Am Jur 2d is available in print and online, with the current edition consisting of over 140 volumes, regularly updated with replacement volumes and supplements. The series covers a wide range of legal topics, including contracts, damages, divorce and separation, and constitutional law, with the latter addressing civil rights guaranteed by the Thirteenth Amendment and the effect of unconstitutional laws.
| Characteristics | Values |
|---|---|
| Nature | Encyclopedia of United States law |
| Publisher | West |
| Edition | Second edition, launched in 1962 |
| Number of volumes | Over 140 |
| Arrangement | Alphabetically arranged in more than 400 topics or chapters |
| Coverage | All fields of American law – state and federal, civil and criminal, substantive and procedural |
| Content | Definitions, principles, effects, and enforceability of contracts; discussion of damages; dissolution of marriage; rights, duties, and liabilities in divorce proceedings; civil rights guaranteed by the Thirteenth Amendment |
| Validity of laws | The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must agree with it. An unconstitutional law is void and imposes no duties, confers no rights, creates no office, bestows no power, affords no protection, and justifies no acts. |
Explore related products
![Constitutional Law: [Connected eBook with Study Center] (Aspen Casebook)](https://m.media-amazon.com/images/I/61R-n2y0Q8L._AC_UL320_.jpg)
What You'll Learn
Civil rights guaranteed by the Thirteenth Amendment
The Thirteenth Amendment to the United States Constitution, ratified in 1865, abolished slavery and prohibited involuntary servitude, with the exception of punishment for crimes. This amendment was a significant step towards ensuring civil rights for all Americans, particularly those of African descent, who had previously been subjected to slavery and discrimination.
One of the key civil rights guaranteed by the Thirteenth Amendment is the freedom from slavery and involuntary servitude. This right is explicitly stated in the amendment and had the immediate effect of abolishing chattel slavery in the Southern United States. The amendment also empowered Congress to pass legislation enforcing this ban, leading to the Civil Rights Act of 1866, which guaranteed equal rights in contract enforcement regardless of race.
The Thirteenth Amendment also served as a basis for addressing racial discrimination and the lingering effects of slavery. Section 2 of the amendment allows Congress to pass laws to eradicate the "badges and incidents of slavery." While the Supreme Court has not provided a comprehensive definition of these terms, it has interpreted them to include racial discrimination by private housing developers and private schools. This interpretation has enabled Congress to outlaw such discrimination under the authority granted by the Thirteenth Amendment.
Additionally, the Thirteenth Amendment played a role in empowering freed slaves. President Andrew Johnson, who expected the freed people to enjoy certain civil rights, suggested that states could proactively control the allocation of rights to freedmen. The amendment also authorized several Freedmen's Bureau bills, which provided support and protection for people subject to the Black Codes, a set of laws enacted after the Civil War that restricted the rights of former slaves.
The Thirteenth Amendment's impact extended beyond the legal realm. It represented a transformative moment in American history, signalling a solemn promise that slavery would never again exist within the nation. The amendment's ratification demonstrated a commitment to equality and freedom, including the freedom to buy whatever a white man could buy and the right to live wherever a white man could live.
Congress: The Law-Making Branch of Government
You may want to see also
Explore related products
![Constitutional Law [Connected eBook with Study Center] (Aspen Casebook)](https://m.media-amazon.com/images/I/61qrQ6YZVOL._AC_UL320_.jpg)
![Constitutional Law: [Connected eBook with Study Center] (Aspen Casebook)](https://m.media-amazon.com/images/I/711lR4w+ZNL._AC_UL320_.jpg)
Effect of discharge of obligation
American Jurisprudence (second edition is cited as Am. Jur. 2d) is an encyclopedia of United States law, published by West. It is a staple of law libraries, and the current edition is over 140 volumes, updated with replacement volumes, annual pocket supplements, and a New Topic Service binder. Am Jur 2d is the legal profession's leading legal reference source.
Am Jur 2d covers a wide range of legal topics, including contracts, damages, divorce and separation, and constitutional law. It discusses the various kinds of damages, such as compensatory, nominal, liquidated, and punitive damages, as well as the elements and measure of damages in breach of contract, personal injury, and property damage cases.
With regard to the "Effect of discharge of obligation", Am Jur 2d appears to focus on the discharge of obligation to pay on negotiable instruments by cancellation. This is mentioned in several sources outlining the contents of Am Jur 2d. However, without access to the full text, it is difficult to provide further details on this specific topic.
It is important to note that the free online versions of Am Jur 2d may not reflect the most recent law, and for full access, it is recommended to visit a local law library or subscribe to Thomson Reuters Westlaw.
Local Zoning Laws: Powering Community Development
You may want to see also
Explore related products
Discharge of obligation to pay
A contract can be discharged by complete performance or material nonperformance of the contractual duty. The common-law rule was first recognized in the well-known 1853 British case Hochster v. De La Tour. In April, De La Tour hired Hochster as his courier, the job to commence in June. In May, De La Tour changed his mind and told Hochster not to bother to report for duty. Hochster sued De La Tour, who argued that he should not have to pay as Hochster had not stood ready to begin work in June. The law allows the promisee to treat this situation as a material breach that gives rise to a claim for damages and discharges the obligee from performing duties under the contract.
Under UCC Section 2-609(1), the demand must be in writing, but at common law, the demand may be oral if it is reasonable in view of the circumstances. If the obligor fails within a reasonable time to give adequate assurance, the obligee may treat the failure as an anticipatory repudiation, or they may wait to see if the obligor might change their mind and perform. Contracts can be discharged by performance: complete performance discharges both sides; material breach discharges the breaching party, who has a right to claim damages; substantial performance obligates the promisee to pay something for the benefit conferred but is a breach.
For example, pursuant to a contract for the repair and renovation of a swimming pool, the plaintiff had progressed almost to completion when vandals damaged the work, requiring that part of it be redone. The plaintiff proceeded to redo the work and billed the defendant, who paid the contract price but refused to pay for the additional work required to repair the damage.
Local Law Creation: Who's Responsible?
You may want to see also
Explore related products
![American Constitutional Law: Powers and Liberties [Connected eBook with Study Center] (Aspen Casebook)](https://m.media-amazon.com/images/I/612lLc9qqeL._AC_UL320_.jpg)
Liability of automobile liability insurer
An automobile liability insurer provides liability coverage for property damage and bodily injury caused by the policyholder. This means that if the policyholder is deemed at fault for an accident, their insurance provider will cover the costs of any resulting damage to another person's property or injuries sustained by another person.
Liability coverage limits are typically expressed as three numbers, such as 25/50/10, which indicate the maximum coverage for bodily injury per person, bodily injury per accident, and property damage per accident, respectively. For example, with the aforementioned limits, the insurer will pay up to $25,000 for bodily injury per person, $50,000 for total bodily injuries per accident, and $10,000 for property damage per accident. It is important to note that these limits represent the maximum coverage provided by the insurer, and any expenses exceeding these limits will be the responsibility of the policyholder.
Most states in the United States require liability insurance for drivers to legally operate their vehicles. This requirement emphasizes the importance of having adequate liability coverage to protect oneself financially in the event of an accident. While liability insurance provides financial protection, it is essential to understand that it does not cover damage to the policyholder's vehicle or their own injuries in the event of an accident. Separate coverage options, such as collision or comprehensive insurance, are available to address those scenarios.
As an illustration, consider the following scenario: a policyholder with liability coverage limits of 25/50/10 is found at fault for an accident that results in $30,000 in total property damage and $60,000 in total injuries to multiple individuals. In this case, the insurer will pay up to the specified limits, leaving the policyholder responsible for the remaining $20,000 in property damage and $10,000 in bodily injury expenses. This example highlights the significance of carefully selecting appropriate coverage limits and understanding the potential out-of-pocket expenses in the event of a claim.
The Evolution of Administrative Law: A Legislative History
You may want to see also
Explore related products
Motor vehicle operator and driver definitions
The definition of a "motor vehicle operator" and "driver" varies depending on the specific jurisdiction and the context in which the terms are being used. In general, a "motor vehicle operator" or "driver" refers to an individual who operates or drives a motor vehicle on public roads, streets, or highways.
In the context of motor vehicle laws and traffic regulations, the terms "motor vehicle operator" and "driver" are often used interchangeably to refer to individuals who operate motor vehicles, including cars, motorcycles, and other vehicles propelled by mechanical power on public roads. For example, in Washington State, a "motor vehicle operator's license" is issued by the State and authorizes an individual to operate a motor vehicle on public roads. Similarly, in Mississippi, the term "operator" is used in the context of license requirements and traffic violations, indicating that it refers to individuals driving motor vehicles.
In some cases, the terms "motor vehicle operator" and "driver" may have distinct meanings or be defined differently in specific legal contexts. For instance, in certain states, there may be separate licensing requirements for "motor vehicle operators" and "drivers," with "operators" referring to those who operate commercial or specialized vehicles, such as taxis or trucks. Additionally, in the context of insurance or liability, the term "operator" may have a broader definition that includes individuals who are not necessarily driving but are in control of the vehicle, such as passengers who are learning to drive or individuals who are temporarily controlling the vehicle.
It is important to note that the specific definitions and interpretations of these terms can vary across different states and legal contexts. Therefore, when considering the definitions of "motor vehicle operator" and "driver," it is essential to refer to the specific laws, regulations, and judicial interpretations within the relevant jurisdiction.
The First Law of Motion: Its Historical Origin
You may want to see also
Frequently asked questions
Am Jur 2d, or American Jurisprudence 2d, is an encyclopedia of United States law, covering both state and federal law, as well as civil and criminal law. It is a comprehensive legal reference source, providing insights into various legal topics, including constitutional law.
Am Jur 2d covers a range of topics within constitutional law, such as civil rights guaranteed by the Thirteenth Amendment, the effect of discharge of obligation, and the validity of statutes in relation to the U.S. Constitution.
Am Jur 2d is available at your local law library or on Thomson Reuters Westlaw. You can also access it online through Westlaw and LexisNexis. Additionally, FindLaw provides a hosted version, but it may not include the most recent updates.
While there is no direct award associated with Am Jur 2d, some law schools give an American Jurisprudence award to students who achieve the highest grade in a particular subject, such as constitutional law.
