Limit reliance upon secondary sources as statements of law.
Impact
The passage of HB 1158 would have significant implications for how courts in South Dakota interpret and apply liability insurance law. By restricting the use of secondary sources, the bill emphasizes the primacy of state-specific legal statutes and traditional law, thereby impacting legal practitioners' reference points in court cases. This could potentially unify legal arguments within the state, but may also limit the scope of legal interpretation available to judges and attorneys when handled cases involve established legal concepts not found in state law.
Summary
House Bill 1158 aims to limit the reliance on secondary sources, specifically the American Law Institute's Restatement of the Law, Liability Insurance, as authoritative statements of law in judicial rulings within the state. The bill stipulates that principles from these secondary sources can only be applied in court if they are explicitly outlined in state statutes, common law, or established case law precedents. This legislation seeks to maintain a strong emphasis on primary legal sources as the foundation for judicial decisions in the state of South Dakota.
Sentiment
The sentiment towards HB 1158 appears mixed, reflecting a division among legal experts and practitioners. Supporters argue that the bill enhances legal clarity and reduces confusion that may arise from conflicting principles found in secondary materials. Conversely, critics express concerns that the bill may undermine the flexibility judges need to interpret complex legal situations that are informed by broader legal principles recognized at a national level.
Contention
Notably, contentions arise around the bill's implications for judicial discretion. Opponents are concerned that limiting references to recognized secondary sources may inhibit the ability of judges to make informed, equitable rulings that consider comprehensive legal doctrines. Supporters counter that the bill is a necessary safeguard to ensure that only clearly defined laws apply in court, thus preventing reliance on potentially ambiguous or variable interpretations that differ from state statutes.
Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, limiting the amount of ad valorem tax on real property, and limiting the increase in the assessed value of real property.
Applying for a convention of states under Article V of the Constitution of the United States, to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office for federal officials and members of Congress.
Applying to the United States Congress under Article V of the United States Constitution to call for a convention for proposing an amendment establishing congressional term limits.