In certain jurisdictions, including the United Kingdom and other Westminster -influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title .
58-455: Adoption Act may refer to the short titles of several Acts of Parliament relating to adoption : Adoption Act 1958 ( 7 & 8 Eliz. 2 . c. 5) Adoption Act 1960 ( 8 & 9 Eliz. 2 . c. 59) Adoption Act 1964 (c. 57) Adoption Act 1968 (c. 53) Adoption Act 1976 (c. 36) Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with
116-460: A circuit court and district court in each judicial district (except in Maine and Kentucky, where the district courts exercised much of the jurisdiction of the circuit courts). The circuit courts, which comprised a district judge and (initially) two Supreme Court justices "riding circuit", had original jurisdiction over serious crimes and civil cases of at least $ 500 involving diversity jurisdiction or
174-436: A bill cannot be amended to go outside the scope of its long title. For that reason, modern long titles tend to be rather vague, ending with the formulation "and for connected purposes". The long title of an older act is sometimes termed its rubric , because it was sometimes printed in red. Short titles for acts of Parliament were not introduced until the mid-19th century, and were not provided for every act passed until late in
232-481: A comma immediately before a reference to a year and a comma immediately after such a reference that is not required for the purpose of punctuation may be omitted. It is not necessary to use the comma as it is not part of an act of Parliament; although normal punctuation is now used by draftsmen, and is included in King's Printer's copies of acts of Parliament. The comma preceding the calendar year in printed copies of acts
290-472: A comma rather than of between "Appropriations Act" and the year of passage, beginning in the 2000s. However, a 1990s example of this titling pattern is the Omnibus Consolidated and Emergency Appropriations Act, 1999 . In Re Boaler , Buckley LJ said: The fact that for the purpose of identification only and not of enactment also authority is given to identify the statute by a particular name in which
348-428: A short title to an act, the act may, without prejudice to any other mode of citation, continue to be cited by that short title. An act may continue to be cited by the short title authorised by any enactment notwithstanding the repeal of that enactment. [...] Since the second half of the nineteenth century, short titles have become the usual method of referencing earlier statute law within legislation itself. In
406-494: A state and the United States, as well as over all suits and proceedings brought against ambassadors and other diplomatic personnel; and original, but not exclusive, jurisdiction over all other cases in which a state was a party and any cases brought by an ambassador. The Court was given appellate jurisdiction over decisions of the federal circuit courts as well as decisions by state courts holding invalid any statute or treaty of
464-749: Is an act of Parliament relating to human rights that received Royal Assent in 1998. Some exceptions exist, such as the Bill of Rights 1689 , whose formal short title in the UK (as given by the Short Titles Act 1896 ) is simply "Bill of Rights", without a year, although it is not a bill but an act. More narrowly focused legislation may have a secondary phrase in parentheses, such as the Road Traffic (Vehicle Emissions) Regulations 2002 (a statutory instrument ). Laws that relate primarily to other laws, such as amendments, contain
522-524: Is made optional, is defined by a specific section if existing. For example, the Combating Iran's Nuclear Program Act, which under the usual convention would have begun with the long title An Act to sanction entities assisting Iran in promoting its nuclear program or obtaining weapons of mass destruction or means of carrying weapons of mass destruction and to limit corporations who have business relations with Iran, for its favor or in its territory, as part of
580-564: Is omitted on the authority of a note by Sir Noel Hutton QC, First Parliamentary Counsel , as to which see "The Citation of Statutes" 82 LQR 24-24. The validity of this note is questioned by Halsbury's Laws of England , Fourth Edition, Reissue, Volume 44(1), footnote 10 to paragraph 1268. Glanville Williams said that it "seems sensible" to omit the comma preceding the calendar year in references to acts passed before 1963. An act of Congress that appropriates federal funds to specific federal government departments, agencies and programs has
638-588: Is that an act amending "Foo Act yyy1" will have short title "Foo (Amendment) Act yyy2". If a law is passed with the same title as another law passed in the same year, an ordinal number will be added to distinguish it from the others; this is particularly common for Finance Acts (Finance (No. 3) Act 2010) and commencement orders that bring parts of an Act into force (Environment Act 1995 (Commencement No.13) (Scotland) Order 1998). However, for laws that amend other laws, this ordinal numbering does not reset every year (For example, even though only two amendments were made to
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#1732852674458696-410: Is why diversity has been described as the "original" and "ancient" jurisdiction of the federal courts. Congress authorized all people to either represent themselves or to be represented by another person. The Act did not prohibit paying a representative to appear in court. Congress authorized persons who were sued by citizens of another state, in the courts of the plaintiff's home state, to remove
754-646: The Act of Consolidation, 1854 . The vast majority of acts passed by the Parliament of Canada do not include the year of enactment as part of the short title. In acts passed by the Congress of the Philippines , titling of legislation primarily follows the U.S. convention, although many acts contain the word "Law" instead of the more conventional "Act" either at the end of the title or before "of [year]" if they are comprehensive. Since
812-673: The Hart–Scott–Rodino Antitrust Improvements Act and the Dodd–Frank Wall Street Reform and Consumer Protection Act . In some states, like California, some short titles consist only of the names of the key legislators, as in the Lanterman–Petris–Short Act , the statutory basis of the "5150" involuntary psychiatric hold used for temporarily detaining psychiatric patients. Draft legislation ( bills ) also uses short titles, but substitutes
870-630: The Parliament of Ireland is "Yelverton's Act (Ireland) 1781 [I]" in Northern Ireland and "Calendar Act, 1781" in the Republic of Ireland ; the short titles were assigned respectively by Acts of the Parliament of Northern Ireland and the Oireachtas . Most short titles include a descriptive phrase followed by the type of legislation and the year of enactment; for example, the Human Rights Act 1998
928-666: The Parliament of Scotland . Further short titles were given by the Statute Law Revision Act 1948 , the Statute Law (Repeals) Act 1977 and the Statute Law (Repeals) Act 1978 . In Ireland, ex post facto short titles have been conferred by the Short Titles Act 1962 , the Statute Law Revision Act 2007 , the Statute Law Revision Act 2009 and the Statute Law Revision Act 2012 . In a few cases, particular acts have had more than one short title given to them, for example because subsequent amendments to their contents have rendered
986-590: The REACH Regulation . An act may be cited in an enactment or other document by, amongst other things, the short title of the act. Long and short titles were used in New Zealand up to and including 1999. From 1 January 2000 they were replaced by a single title. Long titles in South Africa omit the initial "An". Judiciary Act of 1789 The Judiciary Act of 1789 (ch. 20, 1 Stat. 73 )
1044-460: The eighth ) dealt primarily with judicial proceedings. Even after ratification, some opponents of a strong judiciary urged that the federal court system be limited to a Supreme Court and perhaps local admiralty judges. Congress, however, decided to establish a system of federal trial courts with broader jurisdiction, thereby creating an arm for enforcement of national laws within each state. Senator Richard Henry Lee ( AA - Virginia ) reported
1102-590: The previous section continue to apply, but are removed and noted in the endnotes upon enactment. The titles of legislation enacted by the United States Congress, if they include a year, invariably add the preposition "of" between the word "Act" and the year. Compare the Australian Disability Discrimination Act 1992 (Cth), Disability Discrimination Act 1995 (UK), and Americans with Disabilities Act of 1990 (US). Even if no year
1160-427: The title in some jurisdictions) is the formal title appearing at the head of a statute (such as an act of Parliament or of Congress ) or other legislative instrument. The long title is intended to provide a summarised description of the purpose or scope of the instrument. Like other descriptive components of an act (such as the preamble , section headings, side notes, and short title), the long title seldom affects
1218-599: The 1840s. Amending acts also began to take the opportunity to create short titles for earlier acts as well as for themselves. Eventually the Short Titles Act 1892 ( 55 & 56 Vict. c. 10) was passed to create short titles for almost all remaining legislation. This statute was repealed and replaced by the Short Titles Act 1896 , which conferred short titles on about 2,000 acts. The Short Titles Act (Northern Ireland) 1951 conferred short titles on 179 acts applying to Northern Ireland . The Statute Law Revision (Scotland) Act 1964 conferred short titles on 164 pre-union acts of
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#17328526744581276-570: The Admission in Evidence of certain official and other Documents ' ". Short titles were introduced because the titles of statutes (now commonly known as long titles ) had become so long that they were no longer a useful means of citation. For example, the title of 19 Geo. 2 . c. 26 (1745) ( Attainder of Earl of Kellie and others Act 1746 ) ran to 65 lines of King's Printer and to over 400 words. Short titles were first introduced for acts of Parliament in
1334-623: The Crown . Similarly, in the US, the Judiciary Act of 1789 , which was ruled unconstitutional in part by Marbury v. Madison (1803), was called "An Act to establish the Judicial Courts of the United States". The long title was traditionally followed by the preamble , an optional part of an act setting out a number of preliminary statements of facts similar to recitals , each starting Whereas... Unlike
1392-617: The House amendments and approved the remaining provisions on September 19, 1789. The House passed the Senate's final version of the bill on September 21, 1789. U.S. President George Washington signed the Act into law on September 24, 1789. The Act set the number of Supreme Court justices at six: one Chief Justice and five Associate Justices . The Supreme Court was given exclusive original jurisdiction over all civil actions between states, or between
1450-658: The Israeli Criminal Procedure Law in 2018, these amendments are numbered No.81 and No.82 in their titles.) In Ireland, the Thirty-First Amendment of the Constitution (Children) Act 2012 was enacted in 2015 rather than 2012. It was passed by both houses of the Oireachtas in 2012 but not signed into law by the President until 2015, after an intervening referendum and court challenge. Section 2(2) of
1508-606: The Senate. Harrison, however, declined to serve. In his place, Washington later nominated James Iredell , who joined the Court in 1790, thereby bringing the Court to its "full strength" complement of six members. The first six persons to serve on the United States Supreme Court (ordered by seniority) were: The seniority of the associate justices was set by § 1 of the Judiciary Act of 1789, which assigned seniority by
1566-529: The UK this replaced the earlier method of citing the long title together with the chapter number and the regnal year (s) of the parliamentary session in which it received royal assent . For example, modern legislation would simply refer to "the Evidence Act 1845", whereas in the past it would have been necessary to use wording such as "the Act passed in the eighth and ninth year of Her Majesty's reign chapter one hundred and thirteen intitled 'An Act to facilitate
1624-584: The Union). Each state comprised one district, except for Virginia and Massachusetts , each of which comprised two. Massachusetts was divided into the District of Maine (which was then part of Massachusetts) and the District of Massachusetts (which covered modern-day Massachusetts). Virginia was divided into the District of Kentucky (which was then part of Virginia) and the District of Virginia (which covered modern-day West Virginia and Virginia). This Act established
1682-740: The United States . Immediately after signing the Judiciary Act into law, President Washington submitted his nominations to fill the offices created by the Act. Among the nominees were John Jay for Chief Justice of the United States ; John Rutledge , William Cushing , Robert H. Harrison , James Wilson , and John Blair Jr. as Associate Justices ; Edmund Randolph for Attorney General ; and myriad district judges , United States Attorneys , and United States Marshals for Connecticut , Delaware , Georgia , Kentucky , Maryland , Maine , Massachusetts , New Hampshire , New Jersey , New York , Pennsylvania , South Carolina , and Virginia . All six of Washington's Supreme Court nominees were confirmed by
1740-401: The United States as plaintiff in common law and equity . The circuit courts also had appellate jurisdiction over the district courts. The single-judge district courts had jurisdiction primarily over admiralty cases, petty crimes, and suits by the United States for at least $ 100. Notably, at this time, Congress did not grant original federal question jurisdiction to the federal courts, which
1798-526: The United States before the Supreme Court. The Act also created a United States Attorney and a United States Marshal for each judicial district. The Judiciary Act of 1789 included the Alien Tort Statute , now codified as 28 U.S.C. § 1350 , which provides jurisdiction in the district courts over lawsuits by aliens for torts in violation of the law of nations or treaties of
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1856-510: The United States shall consist of a chief justice and five associate justices, any four of whom shall be a quorum, and shall hold annually at the seat of government two sessions, the one commencing the first Monday of February, and the other the first Monday of August. [bold added] The Act also created 13 judicial districts within the 11 states that had then ratified the Constitution ( North Carolina and Rhode Island were added as judicial districts in 1790, and other states as they were admitted to
1914-465: The United States; or holding valid any state law or practice that was challenged as being inconsistent with the federal constitution, treaties, or laws; or rejecting any claim made by a party under a provision of the federal constitution, treaties, or laws. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the supreme court of
1972-527: The act, which assigns the short title, could not be amended between the houses' passing the bill and its being enacted (though it could still be amended by a subsequent act of the Oireachtas). This act's short title is longer than its long title, which is "An Act to Amend the Constitution", as required by the constitution. Australian long titles are more like American than British ones in that they are short and broad: for example, "A Bill for an Act to provide for
2030-562: The century; as such, the long title was used to identify the act. Short titles were subsequently given to many unrepealed acts at later dates; for example, the Bill of Rights , an act of 1689, was given that short title by the Short Titles Act 1896 , having until then been formally referred to only by its long title, An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of
2088-426: The composition or procedures of any of the courts, leaving this to Congress to decide. The existence of a separate federal judiciary had been controversial during the debates over the ratification of the Constitution. Anti-Federalists had denounced the judicial power as a potential instrument of national tyranny . Indeed, of the ten amendments that eventually became the Bill of Rights , five (the fourth through
2146-495: The dates borne on the judicial commissions each justice received from President Washington prior to taking office. This rule setting seniority of the justices is today codified at Title 28 U.S.C. § 4 . A clause in Section 13 of the Judiciary Act, which granted the Supreme Court the power to issue writs of mandamus under its original jurisdiction, was later declared unconstitutional . In Marbury v. Madison , one of
2204-691: The earlier name inaccurate. For example, when the 1992 version of Basic Law: the Government – the so-called "Direct Election law" – made the post of Prime Minister of Israel elected, it added provisions regarding the Prime Ministerial election to the Knesset Election Law, 1969 , and renamed it as "Knesset and Prime Minister Elections Law, 1969". This change was reverted following the abolition of direct Prime Ministerial elections in 2001. British (and English ) legislation that has been "inherited" by
2262-445: The early 20th century, it has become popular in the United States to include the names of key legislators in the short titles of the most important acts. This was at first done informally; that is, the names appeared in legal treatises and court opinions but were not part of the statute as enacted. Eventually members of Congress began to formally write their own names into short titles (thereby immortalizing themselves for posterity), as in
2320-545: The establishment of the Automotive Transformation Scheme, and for related purposes". However, not all states use long titles and an Act may instead have an explicit "Purpose" section. Acts in EU law are cited by a combination of letters and numbers, e.g. '(EU) 2015/35' as short titles; but occasionally there are descriptive short titles, e.g. Regulation (EC) No 1234/2007 = 'Single CMO Regulation',
2378-402: The international struggle against Iran's nuclear program. The Australian state of Victoria , since 1986, follows a similar practice, having a title comparable to a short title outside the main body of the legislation and a purpose section establishing the purpose of the legislation. Bills continue to have long titles (in similar terms to the purpose section) so that the scoping rules described in
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2436-597: The international struggle against Iran's nuclear program. and whose first section might have read This Act may be cited as the 'Combating Iran's Nuclear Program Act, 5772-2012'. actually begins with the short title Combating Iran's Nuclear Program Act, 5772-2012 and its first section reads The purpose of this Act is to sanction entities assisting Iran in promoting its nuclear program or obtaining weapons of mass destruction or means of carrying weapons of mass destruction and to limit corporations who have business relations with Iran, for its favor or in its territory, as part of
2494-502: The judiciary bill out of committee on June 12, 1789; Oliver Ellsworth of Connecticut , who would go on to serve as the third Chief Justice of the United States, was its chief author. The bill passed the Senate 14–6 on July 17, 1789, and the House of Representatives then debated the bill in July and August 1789. The House passed an amended bill 37–16 on September 17, 1789. The Senate struck four of
2552-454: The lawsuit to the federal circuit court. According to Edward A. Purcell Jr. , removal was the "most significant innovation" of the Act. The Constitution says nothing about removal jurisdiction, which "was a powerful device to assert the primacy of the national judicial power over that of the states." The Act created the Office of Attorney General , whose primary responsibility was to represent
2610-662: The legal systems of other countries has also sometimes ended up with a short title in one jurisdiction that differs from that used in another: for example, the act of Parliament that created Canada in 1867 is formally known in Canada as the Constitution Act, 1867 , but is still known as the British North America Act 1867 in British law; note also the differing comma convention. Similarly, the Act "21 & 22 George III c.48" of
2668-405: The long title, which precedes the preamble and enacting formula , and thus sits outside the main body of text, the short title for modern legislation is explicitly defined by a specific section, typically at the very end or very beginning of the main text. As with the above example, short titles are generally made up of just a few words that describe in broad terms the area of law being changed or
2726-440: The operative provisions of an act, except where the operative provisions are unclear or ambiguous and the long title provides a clear statement of the legislature's intention. The short title is the formal name by which legislation may by law be cited . It contrasts with the long title which, while usually being more fully descriptive of the legislation's purpose and effects, is generally too unwieldy for most uses. For example,
2784-653: The same case(3), and to that which the latter said further in National Telephone Co. v. Postmaster-General .(4) In R v Wheatley , Bridge LJ said of the Explosives Act 1875 and the Explosive Substances Act 1883 : Looking at the two statutes, at the nature of the provisions which they both contain, and in particular at the short and long titles of both statutes, it appears to this court that they are clearly in pari materia , ... If much of an older act
2842-460: The seminal cases in American law, the Supreme Court held that was unconstitutional because it purported to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. The case was the first that clearly established that the judiciary can and must interpret what the Constitution permits and declare any laws which are contrary to the Constitution as unenforceable. Thus,
2900-466: The short title House of Lords Act 1999 contrasts with the long title An Act to restrict membership of the House of Lords by virtue of a hereditary peerage; to make related provision about disqualifications for voting at elections to, and for membership of, the House of Commons; and for connected purposes . In the United Kingdom, the long title is important since, under the procedures of Parliament,
2958-610: The short titles of those laws in their own short titles, for example the Sustainable Communities Act 2007 (Amendment) Act 2010. Subsequent enactments can lead to particularly lengthy short titles; for example, the Artizans' and Labourers' Dwellings Act 1868, amended by the Artizans' and Labourers' Dwellings Act 1868 (Amendment) Act 1869, and itself amended by the Artizans' and Labourers' Dwellings Act 1868 (Amendment) Act 1879 (Amendment) Act 1880. The more recent shorter convention
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#17328526744583016-402: The thing affected, followed by the word "Act" and then the year in which the legislation is formally enacted. Occasionally, the word "Act" may be replaced with another descriptor. Common examples are "Code" and "Charter". A notable exception is Israel , in which this convention is reversed. The short title sits outside the main body of legislation, and the summary description of the law, which
3074-482: The title Adoption Act . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Adoption_Act&oldid=1227251881 " Category : Disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages Short title The long title (properly,
3132-503: The word "Bill" for "Act". The Australian Guide to Legal Citation recommends that the definite article at the beginning of the "statute title" should be omitted when citing a statute of the United Kingdom. Originally short titles had a comma preceding the year. Whether this is retained or not depends on the country involved: it has been dropped in Ireland and the United Kingdom, but retained in Canada. In citing an act by its short title,
3190-584: The word "action" occurs is, I think, immaterial. The words "This Act may be cited as the Vexatious Actions Act 1896," effect nothing by way of enactment. They do no more than create a name, and whether it is as matter of description accurate or not is immaterial. In support of this view I refer to that which Lord Haldane said in Vacher & Sons v. London Society of Compositors (2) as regards the title "Trade Disputes Act, 1906," and that which Lord Moulton said in
3248-554: Was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress . It established the federal judiciary of the United States . Article III , Section 1 of the Constitution prescribed that the "judicial power of the United States, shall be vested in one Supreme Court , and such inferior Courts" as Congress saw fit to establish. It made no provision for
3306-482: Was included in the official short title enacted by Congress, it is traditional always to precede the year with an "of" if it needs to be appended in prose after the short title. This convention is followed by most but not all U.S. states ; for example, the Act of the Pennsylvania legislature that consolidated the governments of the city of Philadelphia and Philadelphia County is generally (though not formally) called
3364-426: Was repealed by the time a short title was assigned to it, the short title may describe only the parts in force at the time of assignment. For example, the act 59 George III c.84 as enacted regulated publicly funded roadbuilding throughout Ireland, but by 1873 the only unrepealed section was one making Kinsale a barony , so the 1896 short title is "Kinsale Act 1819". Notwithstanding the repeal of an enactment giving
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