Changing divorce law from fault to no-fault reshaped case outcomes nationwide.
Evidence
The effect of the law-and of changes in the law-on case outcomes are apparent if one looks at the most frequent cases pitting one-shotters against one-shotters: namely, divorce cases."" Before 1970, every state required fault-based grounds for divorce, such as adultery or mental cru- elty, with the conduct of the parties during the marriage the key determinant of their financial rights and obligations after divorce. — G. Alan Tarr, Judicial Process and Judicial…, 2271
Categorization
- DEFINE: Fault-based grounds meant a spouse had to prove wrongdoing such as adultery to obtain a divorce.
- XREF: connects to: Fault-based divorce law produced collusive perjury in court — Lawrence M. Friedman, A History of American Law, 1151; Legal systems change in response to social and technological shifts — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 118; Statutes displaced common law while state courts revolutionized tort liability — G. Alan Tarr, Judicial Process and Judicial…, 2838 (+16 more)
Broader Connections
- Legal systems change in response to social and technological shifts
#corroborates(0.85) — Lawrence M. Friedman and Grant M. Hayden, American Law, 118 - Social and technological change forces courts to extend or revise common-law principles.
#corroborates(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 2813 - The common law adapts to social and economic change
#corroborates(0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1311 - Inductive reasoning allows the law to adapt to changing societal times.
#corroborates(0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 613 - A single Supreme Court ruling can shift measured behavior nationwide within a year.
#corroborates(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 3117 - A state court ruling circulated nationally to shape regulatory law
#corroborates(0.85) — Adam Rome, The Bulldozer in the Countryside, 952 - Fault-based divorce law produced collusive perjury in court
#qualifies(0.75) — Lawrence M. Friedman, A History of American Law, 1151 - Statutes displaced common law while state courts revolutionized tort liability
#expands(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 2838 - The practice of law shifted from courtroom litigation to transactional work
#expands(0.75) — Lawrence M. Friedman, A History of American Law, 3621 - Adopting negligence doctrine reoriented tort law from redressing injury to deterring blameworthy conduct.
#expands(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 3405 - State courts since the 1950s have radically expanded plaintiffs’ tort recovery
#expands(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 3399 - Falling farmer influence and rising business power revived national bankruptcy law
#expands(0.75) — Lawrence M. Friedman, A History of American Law, 3141 - The family gains legal salience precisely as governance shifts to statistical abstractions
#expands(0.75) - Court composition changes drove litigants to shift between courts and legislatures
#expands(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 3143 - Knowing divorce statistics changes how lay people approach marriage
#complicates(0.75) — Anthony Giddens, The Consequences of Modernity, 109