Saturday, June 27, 2009

Maryland is the new Louisiana

Maryland is a disturbingly (awesomely?) common law state. You remember those crazy concepts we learned in first year where Prof. ____ said "But don't worry about it. It's a common law concept, and nobody really follows it anymore." S/he forgot to add the words "except Maryland."

Examples:
  • contributory negligence and assumption of the risk as absolute bars to recovery are alive and well in the Old Line State
  • the Model Penal Code and it's four mental states are frowned upon in favor of the classic triumvirate of specific intent, malice, and general intent
  • Daubert and its progeny are laughed at in favor of the classic "general acceptance" test
  • judges wear powdered wigs and lawyers wear formal attire in court and trill their R's
I love it.

2 comments:

ALV said...

Neat!

Nina said...

NY still uses the Frye test instead of Daubert as well... and they also have several other very strange laws. But, maybe everything just seems strange since we are used to Texas???