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In the United States, a Uniform Act is a proposed state law drafted by the Uniform Law Commission (ULC) and approved by its sponsor, the National Conference of Commissioners on Uniform State Laws (NCCUSL). Federalism in the United States traditionally limits the legislative authority of the federal government in favor of the states. Specifically, the Tenth Amendment of the U.S. Constitution states that "powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people".〔(【引用サイトリンク】 title =TENTH AMENDMENT ---- RESERVED POWERS ---- CONTENTS )〕 Therefore, state governments are free to enact unique laws in any area beyond the purview of federal preemption. And under the doctrine of ''Erie Railroad Co. v. Tompkins'' (1938), federal courts cannot dictate law to states on pure issues of state common law (i.e., almost all of contract, tort, and family law). However, a variety of legal issues regularly transcend state lines, which makes a predictable and relatively uniform set of laws across states a desirable objective. "Uniform Acts" are collaboratively written model laws intended to facilitate the enactment of identical or similar laws by the separate states. Such laws are distinct from interstate compacts. == Drafting== The NCCUSL is a body of private and government lawyers, state and federal judges, and law professor Among the most influential uniform acts are the Uniform Commercial Code, Uniform Probate Code, Uniform Trust Code, Uniform Partnership Act, Uniform Limited Liability Company Act, Uniform Transfers to Minors Act, Uniform Certification of Questions of Law Act, Uniform Enforcement of Foreign Judgments Act, Uniform Controlled Substances Act, Uniform Arbitration Act, Uniform Environmental Covenants Act, Uniform Conservation Easements Act, Uniform Management of Institutional Funds Act, Uniform Interstate Family Support Act, Uniform Child Custody Jurisdiction and Enforcement Act, and Uniform Anatomical Gift Act. In total, there are more than 100 uniform acts, which the NCCUSL periodically updates. Recent examples include the Revised Uniform Anatomical Gift Act, Revised Uniform Arbitration Act, Revised Uniform Partnership Act, Revised Uniform Limited Liability Company Act, and the Uniform Prudent Management of Institutional Funds Act. The NCCUSL website should be consulted for the latest uniform acts or revisions thereof. A state may adopt a uniform act as written by NCCUSL, or a state may adopt a modified version. Unless such changes are minor, they can seriously obstruct the purpose of uniform acts—legal harmonization. Therefore, persons doing business in different states must ''always'' still check local law to ensure that (1) a uniform act was enacted in the state that governs a particular legal issue, and (2) the local act actually conforms to the text promulgated by NCCUSL. For example, in ''Payne v. Stalley ''(1995), a lawyer relied on the official text of the Uniform Probate Code and failed to check the relevant Florida statute.〔672 So. 2d 822 (Fla. 2d DCA 1995)〕 As a result, the lawyer missed a filing deadline on a multimillion dollar claim. The court wrote, "()e cannot rewrite Florida probate law to accommodate a Michigan attorney more familiar with the Uniform Probate Code".〔672 So.2d at 823.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「uniform act」の詳細全文を読む スポンサード リンク
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