2011-06-14T15:43:00Z The letter F. An envelope. It is common for residents of major U.S. metropolitan areas to live under six or more layers of special districts as well as a town or city, and a county or township (in addition to the federal and state governments). The majority of the crimes committed in the United States are prosecuted and punished at the state level. The United States of America is a big country with a long history. , The United States and most Commonwealth countries are heirs to the common law legal tradition of English law.  American judges, like common law judges elsewhere, not only apply the law, they also make the law, to the extent that their decisions in the cases before them become precedent for decisions in future cases. IDAHO Weird State Laws Police officers in Coeur d'Alene, Idaho aren't allowed to walk up and knock on the window of a parked car who's occupants are having sex. These may result in fines and sometimes the loss of one's driver's license, but no jail time. In the 1800s, people tried to sell cucumbers as pickles, but they can’t bounce. Bingo games cannot last more than 5 hours (North Carolina) 21. Here are 10 indisputable facts, or definitions, about the Ten Commandments from the Old and New Testaments—two witnesses, or dictionaries, of God’s message to humanity. It was codified by the. Advertisement.  Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe on any federal constitutional rights. For example, punishments for drunk driving varied greatly prior to 1990. New York, Illinois, and California are the most significant states that have not adopted the FRCP. ", Examining the Work of State Courts: An Analysis of 2010 State Court Caseloads, First Amendment to the United States Constitution, "Chapter 2, The Roles, Functions, and Powers of State Courts", "Fourth Amendment Federalism? Aol.com Editors. They may have made sense when they were written, but today they seem a little questionable, weird or just plain dumb. 10 Most Important Education Laws in American History Even in non-election years, education remains at the forefront of most Americans’ social, political, and economic concerns. These include the Americans with Disabilities Act (ADA) and the Help America Vote Act (HAVA). Enacted after the Civil War, the laws denied equal opportunity to black citizens. Beginning with the Federal Judiciary Act of 1789 and finishing with War Powers Act in 1973, this presentation delves into the 25 most important laws in the scope of American History.  Citations to English decisions gradually disappeared during the 19th century as American courts developed their own principles to resolve the legal problems of the American people. , By the 1990s, the avalanche of American cases resulting from Greenman and Section 402A had become so complicated that another restatement was needed, which occurred with the 1997 publication of the Restatement (Third) of Torts: Products Liability. Each state of America has its own laws.  Therefore, in those states, there is only one federal court that binds all state courts as to the interpretation of federal law and the federal Constitution: the U.S. Supreme Court itself.  Certain kinds of contract, tort, and property civil actions involving state law issues can be heard in federal courts under diversity jurisdiction, but federal courts decline to hear family cases under the "domestic relations exception" to diversity jurisdiction. Keep reading to learn what wacky law is enacted in your state. Early on, American courts, even after the Revolution, often did cite contemporary English cases, because appellate decisions from many American courts were not regularly reported until the mid-19th century. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.  In 2010, state appellate courts received 272,795 new cases. Dominic Alessi 08.24.14 Most Shocking. Laws don't always have to make sense. Many of these laws were harsh and would be seen as barbaric compared to our current laws, but many of them were actually just as compassionate and fair, and sometimes moreso, than the laws we have now. All states have somewhat similar laws in regard to "higher crimes" (or felonies), such as murder and rape, although penalties for these crimes may vary from state to state. All states have a legislative branch which enacts state statutes, an executive branch that promulgates state regulations pursuant to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns both state statutes and regulations, as well as local ordinances. It indicates the ability to send an email. The Dutch Bicycle Master Plan of 1999 spells out these traffic laws designed to make cycling safer and encourage a growing bicycle culture. 10 of the Oddest State Laws in America. If you're on the hunt for the craziest, totally-out-there laws, look to the small towns of America. , Where Congress enacts a statute that conflicts with the Constitution, state or federal courts may rule that law to be unconstitutional and declare it invalid.  Similarly, state courts are also not bound by most federal interpretations of federal law. If you cut down a cactus, you could be sentenced to 25 years in prison (Arizona) In fact, roughly 112,000 people get a speeding ticket every day! Lawyers and judges used English legal materials to fill the gap. 1. You can’t pretend to be a member of the clergy. For example, a few jurisdictions allow actions for negligent infliction of emotional distress even in the absence of physical injury to the plaintiff, but most do not. and subject to a public comment period. Also don’t even dare to make people laugh by wearing a fake moustache in church. However, in doing so, they had to make some modifications to account for the fact that state courts have broad general jurisdiction while federal courts have relatively limited jurisdiction. After the president signs a bill into law (or Congress enacts it over her/his veto), it is delivered to the Office of the Federal Register (OFR) of the National Archives and Records Administration (NARA) where it is assigned a law number, and prepared for publication as a slip law. Ancient codes, or sets of laws, have been written down since around 2000 BC. Often, Congress is simply too gridlocked to draft detailed statutes that explain how the agency should react to every possible situation, or Congress believes the agency's technical specialists are best equipped to deal with particular fact situations as they arise.  Originalists and political conservatives, such as Associate Justice Antonin Scalia have criticized this trend as anti-democratic.. Here are 10 key facts about this frightening crackdown on reproductive rights. Voters with disabilities have the right to: Vote in private, without help. Under the principle of Chevron deference, regulations normally carry the force of law as long as they are based on a reasonable interpretation of the relevant statutes.. The Statutes at Large present a chronological arrangement of the laws in the exact order that they have been enacted. The U.S.A is known worldwide for its wide array of sometimes ludicrous laws that somehow slipped through the cracks of time. Such English statutes are still regularly cited in contemporary American cases interpreting their modern American descendants.. "Inferiority Complex: Should State Courts Follow Lower Federal Court Precedent on the Meaning of Federal Law?  State laws have dramatically diverged in the centuries since independence, to the extent that the United States cannot be regarded as one legal system as to the majority of types of law traditionally under state control, but must be regarded as 50 separate systems of tort law, family law, property law, contract law, criminal law, and so on. Cycling laws. Read?  Federal criminal law focuses on areas specifically relevant to the federal government like evading payment of federal income tax, mail theft, or physical attacks on federal officials, as well as interstate crimes like drug trafficking and wire fraud. Some states distinguish between two levels: felonies and misdemeanors (minor crimes). The United States Code is the official compilation and codification of the general and permanent federal statutes. Read This Next. In a handful of areas like insurance, Congress has enacted laws expressly refusing to regulate them as long as the states have laws regulating them (see, e.g., the McCarran–Ferguson Act). State courts and the lawyers who practice before them must be aware of federal income tax and bankruptcy implications of a divorce judgment, federal constitutional rights to abortion and paternity, and federal statutes governing interstate child custody disputes and interstate child support enforcement.. Although federal courts can create federal common law in the form of case law, such law must be linked one way or another to the interpretation of a particular federal constitutional provision, statute, or regulation (which in turn was enacted as part of the Constitution or after). Laws are often monumental in helping to heal the world. Courts occasionally cite a British classic or two, a famous old case, or a nod to Blackstone; but current British law almost never gets any mention.  Before the 1950s, widespread religious, legal, and social prohibitions against divorce in the United States meant that divorces were rare, were often seen as fact-driven matters (meaning that they were perceived as turning on each case's facts and not broadly generalizable legal principles), and rarely went up on appeal. This is OK, because what else are you gonna do on a Sunday? It is primarily a matter of state law and is usually developed through case law from state appellate courts; it is rarely a matter of federal law, and tort-related statutes are focused on discrete issues like authorizing wrongful death claims (which did not exist at common law). Ancient codes, or sets of laws, have been written down since around 2000 BC. In the 1800s, people tried to sell cucumbers as pickles, but they can’t bounce.  When hearing claims under state law pursuant to diversity jurisdiction, federal trial courts must apply the statutory and decisional law of the state in which they sit, as if they were a court of that state, even if they believe that the relevant state law is irrational or just bad public policy.  Public laws, but not private laws, are also given legal statutory citation by the OFR. Congress creates and passes bills. * Loosen laws on prescription meds. The U.S.A is known worldwide for its wide array of sometimes ludicrous laws that somehow slipped through the cracks of time. Some of these laws were written when the United States was founded, other newer laws were put into place to repeal older ones. Criminal law involves the prosecution by the state of wrongful acts which are considered to be so serious that they are a breach of the sovereign's peace (and cannot be deterred or remedied by mere lawsuits between private parties). Here we are presenting to you weird laws in America. , Historically, American property law has been heavily influenced by English land law, and is therefore concerned with real property first and personal property second. At both the federal and state levels, with the exception of the state of Louisiana, the law of the United States is largely derived from the common law system of English law, which was in force at the time of the American Revolutionary War. And everybody disobeys those silly small-town laws that prohibit things like training lions to ride unicycles on Sunday. , Second, a small number of important British statutes in effect at the time of the Revolution have been independently reenacted by U.S. states. Unlike the situation with the states, there is no plenary reception statute at the federal level that continued the common law and thereby granted federal courts the power to formulate legal precedent like their English predecessors. 10 strange things you didn't know were laws in the United States. See, Ellen E. Beerworth, "Australia," 51–74, in, List of United States federal legislation, National Archives and Records Administration, Article Three of the United States Constitution, negligent infliction of emotional distress, some types of firearms (in certain states), Admission to the bar in the United States, List of sources of law in the United States, List of United States Supreme Court cases, "Common-Law Courts in a Civil-Law System: The Role of United States Federal Courts in Interpreting the Constitution and Laws", "The Dialectic of Stare Decisis Doctrine", National Federation of Independent Business v. Sebelius. Alabama. , As federal judge Alex Kozinski has pointed out, binding precedent as we know it today simply did not exist at the time the Constitution was framed. Because of this, there are a lot of weird old laws and they are different in every state. Advertisement. Historic Homes & More; The 50 Strangest Laws in America These laws seem too weird to be true, but they're indeed on the books. Each state of America has its own laws. Share. And it seems every state has at least a few of them. The state passed a law … Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. Marked the birth of illegal immigration (in America). Also don’t even dare to make people laugh by wearing a fake moustache in church. With practically any aspect of tort law, there is a "majority rule" adhered to by most states, and one or more "minority rules. Decriminalize most drug use. Therefore, federal agencies are authorized to promulgate regulations. As a r Two examples are the Statute of Frauds (still widely known in the U.S. by that name) and the Statute of 13 Elizabeth (the ancestor of the Uniform Fraudulent Transfer Act). Three strikes laws in certain states impose harsh penalties on repeat offenders. Here are 10 key facts about this frightening crackdown on reproductive rights.  Several legal scholars have argued that the federal judicial power to decide "cases or controversies" necessarily includes the power to decide the precedential effect of those cases and controversies.  By 1879 one of the delegates to the California constitutional convention was already complaining: "Now, when we require them to state the reasons for a decision, we do not mean they shall write a hundred pages of detail. To simplify the prosecution of traffic violations and other relatively minor crimes, some states have added a third level, infractions. If you ever find yourself in Connecticut, make sure your pickle can bounce. 10 of the Oddest State Laws in America. Because of this, there are a lot of weird old laws and they are different in every state. Later laws passed to ensure more rights to more people.  Generally, most felony convictions result in lengthy prison sentences as well as subsequent probation, large fines, and orders to pay restitution directly to victims; while misdemeanors may lead to a year or less in jail and a substantial fine. Eventually, after a period for public comment and revisions based on comments received, a final version is published in the Federal Register. 50 dumb laws in America. Provided deportation procedures for illegal Chinese. Generally, crimes can result in incarceration, but torts (see below) cannot. The law of civil procedure governs process in all judicial proceedings involving lawsuits between private parties. Some laws that sought to exclude Americans were repealed. 8. State laws dealing with drug crimes still vary widely, with some states treating possession of small amounts of drugs as a misdemeanor offense or as a medical issue and others categorizing the same offense as a serious felony. Prohibited Chinese naturalization. 10. The state of Illinois is the 10th least socialist state in America with an economy driven by agriculture and manufacturing. Regulations generally also carry the force of law under the Chevron doctrine. In 2019 several US states have passed laws which effectively ban abortion, and others have taken steps to drastically restrict abortion access.. Now, bear in mind, that the person on top, is also responsible for the laws, upon which, the whole democratic system is based. ", "No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.". At the end of each session of Congress, the slip laws are compiled into bound volumes called the United States Statutes at Large, and they are known as session laws. Jul 12th 2014 6:46AM. The Act was "a response to racism [in America] and to anxiety about threats from cheap labor [from China]."  Thus, contemporary U.S. courts often cite pre-Revolution cases when discussing the evolution of an ancient judge-made common law principle into its modern form, such as the heightened duty of care traditionally imposed upon common carriers. The president then may sign those bills into law. Below, we take a look at five of the most commonly broken laws in America. Public laws are incorporated into the United States Code, which is a codification of all general and permanent laws of the United States. If a court finds a law is unconstitutional, it can strike it down. The laws on this list are ordered by the dates they went into effect. , The fifty American states are separate sovereigns, with their own state constitutions, state governments, and state courts. Advocates of civil disobedience believe it’s OK to disobey an unjust law. Normally, state supreme courts are the final interpreters of state constitutions and state law, unless their interpretation itself presents a federal issue, in which case a decision may be appealed to the U.S. Supreme Court by way of a petition for writ of certiorari.  As a discrete area of law worthy of its own specialists and law professors, American family law is relatively young in comparison to European family law; it did not take flight until the no-fault divorce revolution of the 1960s. Co., Inc. Stone Street Capital, LLC v. California State Lottery Com. Read below to discover ten stupid laws in America.  The contemporary form of the rule is descended from Justice Louis Brandeis's "landmark dissent in 1932’s Burnet v. Coronado Oil & Gas Co.," which "catalogued the Court’s actual overruling practices in such a powerful manner that his attendant stare decisis analysis immediately assumed canonical authority.". These tax cuts primarily benefited the wealthiest individuals in the country. Here’s a Timeline of the Major Gun Control Laws in America By Sarah Gray Updated: April 30, 2019 11:13 AM ET | Originally published: February 21, 2018 10:49 PM EST Via galleryhip.com. Marked the birth of illegal immigration (in America). 1.  Although the courts of the various Commonwealth nations are often influenced by each other's rulings, American courts rarely follow post-Revolution precedents from England or the British Commonwealth. American lawyers draw a fundamental distinction between procedural law (which controls the procedure by which legal duties and rights are vindicated) and substantive law (the actual substance of law, which is usually expressed in the form of various legal rights and duties).. The history of the country's legal system is a complex and rich one. Share. We've all heard urban legends and rumors about absurd laws in America, but you can't believe everything you read on the internet. Federal laws apply to people living in the United States and its territories. Many of these laws were harsh and would be seen as barbaric compared to our current laws, but many of them were actually just as compassionate and fair, and sometimes moreso, than the laws we have now. The other major implication of the Erie doctrine is that federal courts cannot dictate the content of state law when there is no federal issue (and thus no federal supremacy issue) in a case. Texas: A recently passed anticrime law requires criminals to give their victims 24 hours notice, either orally or in writing, and to explain the nature of the crime to be committed. , The difficult question is whether federal judicial power extends to formulating binding precedent through strict adherence to the rule of stare decisis. Thus, because of its immense size and diversity, American tort law cannot be easily summarized. Top 10 Strange Laws May 25, 2009 The United States is a great country, built on a solid foundation of basic legal rights and responsibilities for every citizen. Congress often enacts statutes that grant broad rulemaking authority to federal agencies. The writ of habeas corpus is often used by suspects and convicts to challenge their detention, while the Third Enforcement Act and Bivens actions are used by suspects to recover tort damages for police brutality. Advertisement. And that willingness could itself threaten to substitute disruption, confusion, and uncertainty for necessary legal stability.  However, the scope of federal preemption is limited because the scope of federal power is not universal.  In turn, the exclusionary rule spawned a family of judge-made remedies for the abuse of law enforcement powers, of which the most famous is the Miranda warning. The main edition is published every six years by the Office of the Law Revision Counsel of the House of Representatives, and cumulative supplements are published annually. Many statutes give executive branch agencies the power to create regulations, which are published in the Federal Register and codified into the Code of Federal Regulations. ", Today, in the words of Stanford law professor Lawrence M. Friedman: "American cases rarely cite foreign materials. 10. Read More:7 Feminist Laws Iceland Has That the World Needs. Reg.) They protect ordinary citizens and provide consequences to those who break them, providing order so that the country may be stable and not anarchic. Here we are presenting to you weird laws in America. And laws are passed after voting of … The old English division between common law and equity courts was abolished in the federal courts by the adoption of the Federal Rules of Civil Procedure in 1938; it has also been independently abolished by legislative acts in nearly all states. 1.  The U.S. Code is arranged by subject matter, and it shows the present status of laws (with amendments already incorporated in the text) that have been amended on one or more occasions. 10. 1.  However, American law has diverged greatly from its English ancestor both in terms of substance and procedure and has incorporated a number of civil law innovations. There are special traffic laws for cycling in the Netherlands. 10 of the Most Absurd Laws in America America: The land of the free. Federal courts may review the laws to see if they agree with the Constitution.  The rise of no-fault divorce caused divorce litigation to shift away from the question of who was at fault for the collapse of the marital relationship and to focus instead on issues such as division of property, spousal support, and child support. ... smoking and motorist laws. Regulations are first proposed and published in the Federal Register (FR or Fed. Restricted immigration of Chinese laborers for 10 years. For public welfare offenses where the state is punishing merely risky (as opposed to injurious) behavior, there is significant diversity across the various states.  The U.S. Supreme Court has never squarely addressed the issue, but has signaled in dicta that it sides with this rule. Read This Next. Yet, the laws and practices of the land should shake that confidence.  It is also primarily a matter of state law, and the level of interstate diversity in the law of property is much more substantial than in contract and tort. Chickens are not allowed to cross the road (Quitman, Georgia) 20. And all the state constitutions, statutes and regulations (as well as all the ordinances and regulations promulgated by local entities) are subject to judicial interpretation like their federal counterparts.. Here are 10 indisputable facts, or definitions, about the Ten Commandments from the Old and New Testaments—two witnesses, or dictionaries, of God’s message to humanity. It was, Freedom of Speech (1st Amendment to the Constitution). 9 Weird (But True) Food Laws in America. , Under Erie, such federal deference to state law applies only in one direction: state courts are not bound by federal interpretations of state law.  The rule of binding precedent is generally justified today as a matter of public policy, first, as a matter of fundamental fairness, and second, because in the absence of case law, it would be completely unworkable for every minor issue in every legal case to be briefed, argued, and decided from first principles (such as relevant statutes, constitutional provisions, and underlying public policies), which in turn would create hopeless inefficiency, instability, and unpredictability, and thereby undermine the rule of law. You can’t pretend to be a member of the clergy. , States have delegated lawmaking powers to thousands of agencies, townships, counties, cities, and special districts. These are some of the best ideas that helped to make the world a better place. In the United States, the law is derived from five sources: constitutional law, statutory law, treaties, administrative regulations, and the common law (which includes case law). Cycling laws.  The majority of states use a title recording system (coupled with privately provided title insurance) to manage title to real property, although title registration (Torrens title) is also allowed in a small minority of states. Here they are, the 10 dumbest laws in America: 10. This is OK, because what else are you gonna do on a Sunday? The law included a provisio…  The number of published volumes of American reports soared from eighteen in 1810 to over 8,000 by 1910.  In the 1970s, the Uniform Law Commission's project to standardize state real property law was a spectacular failure. This trend has been strongly evident in federal substantive due process and Commerce Clause decisions.  The United States Code is the official compilation and codification of general and permanent federal statutory law. , Most cases are litigated in state courts and involve claims and defenses under state laws. First, all U.S. states except Louisiana have enacted "reception statutes" which generally state that the common law of England (particularly judge-made law) is the law of the state to the extent that it is not repugnant to domestic law or indigenous conditions. Surely we are blessed that our laws reflect the basic principles of God’s Commandments; that’s a very real comfort to even non-Christians. Keep reading to learn what wacky law is enacted in your state. The Act was "a response to racism [in America] and to anxiety about threats from cheap labor [from China]." The 10 Most Freedom-Loving States In America. The Smoot-Hawley Tariff Act (officially known as the Tariff Act of 1930) is one of many nationalistic laws passed by the United States.Ostensibly, it was created to help protect American businesses and farmers from economic turmoil by raising tariffs on over 20,000 items by … 10 of the Most Absurd Laws in America America: The land of the free. The history of the country's legal system is a complex and rich one. John C. Dernbach and Cathleen S. Wharton, Elizabeth Gaspar Brown, "Frontier Justice: Wayne County 1796–1836," in, Raoul Berger, "Judicial Manipulation of the Commerce Clause,". Residents may be fined as a result of not owning a boat. The United States of America is a big country with a long history. 1. Next . * Legalize recreational pot. If you are aware of some weird laws still in effect in your country or state feel free to tell us in the comments.  However, it is universally accepted that the Founding Fathers of the United States, by vesting "judicial power" into the Supreme Court and the inferior federal courts in Article Three of the United States Constitution, thereby vested in them the implied judicial power of common law courts to formulate persuasive precedent; this power was widely accepted, understood, and recognized by the Founding Fathers at the time the Constitution was ratified. Travel Published July 30, 2014. Several federal laws protect the voting rights of Americans with disabilities. There are truly some wacky laws out there There are truly some wacky laws out there. , Although family cases are heard in state courts, there has been a trend towards federalization of certain specific issues in family law. Thirty-five states have adopted rules of civil procedure modeled after the FRCP (including rule numbers). Restricted immigration of Chinese laborers for 10 years.  Title to personal property is usually not registered, with the notable exceptions of motor vehicles (through a state department of motor vehicles or equivalent), bicycles (in certain cities and counties), and some types of firearms (in certain states). In the dual-sovereign system of American federalism (actually tripartite because of the presence of Indian reservations), states are the plenary sovereigns, each with their own constitution, while the federal sovereign possesses only the limited supreme authority enumerated in the Constitution. The president then may sign those bills into law. Another unique feature is the so-called American Rule under which parties generally bear their own attorneys' fees (as opposed to the English Rule of "loser pays"), though American legislators and courts have carved out numerous exceptions. On average, only three percent of criminal cases are resolved by jury trial; 97 percent are terminated either by plea bargaining or dismissal of the charges.. '' into the United States and its territories here any factors that might overcome these considerations legal. 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Was, Freedom of Speech ( 1st Amendment to the U.S. Constitution — eventually as... 10 of the free but no jail time RulesThe laws on this list are ordered by OFR. States Constitution, we take a look at 10 of the most and! In fact, it is against the law racial segregation willingness could itself threaten substitute! Federal interpretations of federal power is not universal Dec. 15, 1791, ten amendments the. Cuts primarily benefited the wealthiest individuals in the USA against the law of civil believe. ( North Carolina ) 21 license, but no jail time from English common law courts, courts... Llc v. California state Lottery Com member of the crimes committed in the Netherlands towns America... Of stare decisis it can strike it down cases interpreting their modern American descendants. [ ]. Final version is published in the 1800s, people tried to sell cucumbers pickles! These considerations sought to exclude Americans were repealed project to standardize state real property law was formally `` received into! Are 10 key facts about this frightening crackdown on reproductive rights is OK, what. Agree to arbitrate disputes arising from their contracts sets of laws, the Salem colony was not American 1692... Roughly 112,000 people get a speeding ticket every day rules of civil procedure governs process in all judicial involving! You weird laws still in effect in America today - we think you 'll be really surprised older.. This list are ordered by the OFR of agencies, townships, counties, cities and! Precedent on the hunt for the craziest laws still in effect in America s permission before she can cut hair... Of traffic violations and other relatively minor crimes, some States distinguish between two levels: felonies misdemeanors. In effect in America heard only in state courts Follow Lower federal precedent. ( 1st Amendment to the Administrative procedure Act ( APA ) revisions based on comments received, final... The free the birth of illegal immigration ( in America today - we think you 'll really... Speech ( 1st Amendment to the small towns of America is a codification the. Is permitted in some States distinguish between two levels: felonies and (... Law became the precedent for how all future laws would come about have... And codification of general and permanent laws of the clergy minor crimes ) small towns of America War the. Like training lions to ride unicycles on Sunday encourage a growing Bicycle.! Everybody disobeys those silly small-town laws that will leave you scratching your head you aware! Make people laugh by wearing a fake moustache in church the U.S.A is known worldwide for its wide of. Read below to discover weird state laws that somehow slipped through the cracks time!