PUBLIC LIBRARY

U.S. Legal Articles

Free, browsable summaries of U.S. statutes and doctrines. Always cited, never invented.

employment
At-Will Employment Doctrine
Common Law - At-Will
Most US states follow the at-will employment doctrine, meaning an employer can terminate an employee at any time for any reason (except ille…
employment
Fair Labor Standards Act - Minimum Wage & Overtime
29 U.S.C. §§ 201-219
The FLSA establishes federal minimum wage ($7.25/hr), overtime pay (1.5x regular rate over 40 hrs/week for non-exempt employees), recordkeep…
employment
Title VII - Employment Discrimination
42 U.S.C. § 2000e
Prohibits employment discrimination based on race, color, religion, sex, or national origin. Applies to employers with 15+ employees. Charge…
employment
Family and Medical Leave Act (FMLA)
29 U.S.C. § 2601
Eligible employees of covered employers can take up to 12 weeks of unpaid, job-protected leave per year for specified family/medical reasons…
employment
California Labor Code 226 - Wage Statements
Cal. Lab. Code § 226
California employers must furnish accurate itemized wage statements showing gross wages, total hours, deductions, net wages, pay period date…
housing
Fair Housing Act
42 U.S.C. § 3601
Prohibits housing discrimination based on race, color, national origin, religion, sex, familial status, or disability. Applies to rental, sa…
housing
Security Deposit Limits & Returns (Typical State Rule)
State Landlord-Tenant Laws
Most states cap security deposits at 1-2 months' rent and require return within 14-30 days of move-out, with an itemized list of deductions.…
housing
Implied Warranty of Habitability
Common Law - Habitability
All residential leases imply that the premises be fit for human habitation (heat, water, structural safety, no major pest infestations). Ten…
housing
New York Rent Stabilization Law
NY RSL § 26-501
Buildings of 6+ units built before 1974 in NYC are generally rent stabilized. Annual rent increases set by the Rent Guidelines Board. Tenant…
contracts
Statute of Frauds
UCC § 2-201 / Common Law
Certain contracts must be in writing to be enforceable: (1) contracts not performable within 1 year, (2) sale of goods $500+, (3) sale of la…
contracts
Elements of a Valid Contract
Restatement (Second) of Contracts
A valid contract requires: (1) Offer, (2) Acceptance, (3) Consideration (bargained-for exchange of value), (4) Mutual assent / Meeting of th…
contracts
Unconscionability Doctrine
UCC § 2-302
Courts may refuse to enforce contracts or clauses that are unconscionable - both procedurally unfair (e.g., hidden in fine print, unequal ba…
debt
Fair Debt Collection Practices Act (FDCPA)
15 U.S.C. § 1692
Prohibits debt collectors from using abusive, unfair, or deceptive practices. Collectors cannot call before 8am/after 9pm, contact you at wo…
debt
Fair Credit Reporting Act (FCRA)
15 U.S.C. § 1681
Governs accuracy and use of consumer credit information. You're entitled to one free credit report per year from each major bureau (Equifax,…
debt
Statute of Limitations on Debt (General Rule)
State-specific civil codes
Debts become 'time-barred' after the statute of limitations expires (typically 3-10 years depending on state and debt type). Making a paymen…
small_claims
Small Claims Court Jurisdiction Limits
State-specific civil procedure
Small claims court handles minor civil disputes without lawyers and with simplified procedures. Monetary limits vary by state: typically $5,…
small_claims
Demand Letter Requirement
Civil Procedure - Pre-Litigation
Although not always legally required, sending a written demand letter before filing suit is strongly recommended. It documents the dispute, …
small_claims
Service of Process - Small Claims
State Rules of Civil Procedure
After filing, the defendant must be formally 'served' with the complaint. Methods vary by state: personal service by sheriff/process server,…
consumer
Magnuson-Moss Warranty Act
15 U.S.C. § 2301
Federal law governing consumer product warranties. If a manufacturer offers a written warranty, it must be clearly labeled 'Full' or 'Limite…
consumer
Truth in Lending Act (TILA)
15 U.S.C. § 1601
Requires lenders to disclose credit terms (APR, finance charges, total payments) in a standardized way. Gives consumers a 3-day right of res…
constitutional
Supremacy Clause
U.S. Const. art. VI, cl. 2
The Constitution, federal laws made pursuant to it, and treaties are the 'supreme Law of the Land.' When valid federal law conflicts with st…
constitutional
First Amendment — Speech, Religion, Press, Assembly
U.S. Const. amend. I
Congress shall make no law respecting an establishment of religion or prohibiting its free exercise; or abridging the freedom of speech, or …
constitutional
Fourth Amendment — Search & Seizure
U.S. Const. amend. IV
The right of the people to be secure against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon …
constitutional
Fifth Amendment — Due Process & Self-Incrimination
U.S. Const. amend. V
No person shall be compelled to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor …
constitutional
Fourteenth Amendment — Equal Protection & Due Process
U.S. Const. amend. XIV, § 1
All persons born or naturalized in the U.S. are citizens. No state shall deprive any person of life, liberty, or property without due proces…
constitutional
Commerce Clause
U.S. Const. art. I, § 8, cl. 3
Congress has power to regulate commerce with foreign nations, among the several states, and with the Indian tribes. This clause is the const…
federal
Structure of the United States Code
1 U.S.C. (Organization)
Federal statutes enacted by Congress are codified in the United States Code (U.S.C.), organized into 54 titles by subject (e.g., Title 26 In…
federal
Federal Preemption Doctrine
U.S. Const. art. VI / case law
Federal law can preempt state law expressly (statute says so), by field (federal scheme so pervasive it occupies the field), or by conflict …
federal
Federal Question & Diversity Jurisdiction
28 U.S.C. §§ 1331, 1332
Federal district courts have jurisdiction over cases arising under federal law (federal question, § 1331) and over disputes between citizens…
federal
Civil Rights Act of 1964 — Title VII
42 U.S.C. § 2000e
Prohibits employment discrimination based on race, color, religion, sex, or national origin by employers with 15+ employees. Enforced by the…
federal
Americans with Disabilities Act (ADA)
42 U.S.C. § 12101
Prohibits discrimination against individuals with disabilities in employment (Title I), public services (Title II), and public accommodation…
state
State Police Power
U.S. Const. amend. X / state constitutions
Under the Tenth Amendment, powers not delegated to the federal government are reserved to the states. States exercise 'police power' to regu…
state
State Statutes of Limitations
State civil & criminal codes
Each state sets its own deadlines to file suit. Typical civil periods: personal injury 1–6 years, written contracts 3–10 years, oral contrac…
state
State Landlord-Tenant Law (General Framework)
State property codes
Residential tenancies are governed primarily by state statute and local ordinance, covering security deposit caps and return deadlines, requ…
state
State Marriage & Divorce Law
State family codes
Family law — marriage, divorce, child custody, support, and property division — is governed by state law. All states allow 'no-fault' divorc…
state
State Consumer Protection (UDAP) Statutes
State 'Little FTC' acts
Every state has an Unfair or Deceptive Acts and Practices (UDAP) statute prohibiting fraud and deception in consumer transactions. Many allo…
common_law
Stare Decisis & Binding Precedent
Common Law Doctrine
Common law develops through judicial decisions. Under stare decisis ('to stand by things decided'), courts follow precedent from higher cour…
common_law
Negligence — The Tort Standard
Common Law of Torts
Negligence requires four elements: (1) a duty of care, (2) breach of that duty, (3) causation (actual and proximate), and (4) damages. The s…
common_law
At-Will Employment Doctrine
Common Law of Employment
Absent a contract or statute, employment is presumed 'at-will': either party may end it at any time for any lawful reason. Recognized except…
common_law
Implied Warranty of Habitability
Common Law (Landlord-Tenant)
A common-law (and in most states statutory) doctrine that residential leases include an implied promise that the premises are fit to live in…
common_law
Promissory Estoppel
Restatement (Second) of Contracts § 90
A promise that the promisor should reasonably expect to induce action or forbearance, and that does induce such reliance, is binding if inju…
case_law
Marbury v. Madison — Judicial Review
5 U.S. (1 Cranch) 137 (1803)
Established judicial review: the power of federal courts to declare legislative and executive acts unconstitutional. Chief Justice Marshall …
case_law
Miranda v. Arizona — Custodial Warnings
384 U.S. 436 (1966)
Before custodial interrogation, police must warn suspects of the right to remain silent, that statements may be used against them, and of th…
case_law
Gideon v. Wainwright — Right to Counsel
372 U.S. 335 (1963)
The Sixth Amendment right to counsel is fundamental and applies to the states through the Fourteenth Amendment. States must provide an attor…
case_law
Brown v. Board of Education — Equal Protection
347 U.S. 483 (1954)
Held that racial segregation of public schools violates the Equal Protection Clause of the Fourteenth Amendment, rejecting the 'separate but…
case_law
How to Read a Case Citation
Citation Format (Bluebook)
A citation like 'Roe v. Wade, 410 U.S. 113 (1973)' names the parties, the reporter volume (410), reporter (U.S. = United States Reports), fi…
administrative
Administrative Procedure Act (APA)
5 U.S.C. § 551 et seq.
The APA governs how federal agencies propose and issue regulations and adjudicate cases. It requires notice-and-comment rulemaking (publish …
administrative
Notice-and-Comment Rulemaking
5 U.S.C. § 553
For most legislative rules, an agency must publish a Notice of Proposed Rulemaking in the Federal Register, give the public an opportunity t…
administrative
Judicial Review of Agency Action — Loper Bright
Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024)
In 2024 the Supreme Court overruled 'Chevron deference.' Courts must now exercise independent judgment in interpreting statutes and may not …
administrative
Freedom of Information Act (FOIA)
5 U.S.C. § 552
FOIA gives the public a right to request access to records from federal agencies. Agencies must disclose records unless they fall within nin…

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