Also known as: abolishes · abolished · abolishing · abolition · abolitions · abolishment
Written by attorneys · grounded in primary & secondary sources — see below
A legislative or judicial act that eliminates a legal rule, institution, or remedy.
Andre Antoine defaulted on a mortgage held by Anchor Bank. After the foreclosure sale produced proceeds below the outstanding debt, the bank sought a deficiency judgment. A recently enacted state statute had abolished deficiency judgments in residential foreclosures, so the court denied the bank's request and left it with only the sale proceeds.
Aisha Ahmed sued Aaron Adams for breach of promise to marry after he ended their engagement. The state legislature had abolished heartbalm actions by statute years earlier. The court dismissed the complaint because the cause of action no longer existed.
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Anita Ali executed a trust instrument that purported to create a remainder in her heirs. Because the Uniform Probate Code had abolished the doctrine of worthier title both as a rule of law and as a rule of construction, the court treated the language as creating a valid remainder rather than a reversion in Anita.
Adrian Aguilar and Angela Acosta formed a common law marriage in State A and later moved to State B. State B had abolished common law marriage by statute. The court recognized the marriage because a marriage valid where formed is generally recognized elsewhere even if the forum state has abolished common law marriage.
William Marbury sought a writ of mandamus from the Supreme Court to compel delivery of his judicial commission. The Court held that the statute granting original jurisdiction for such writs was unconstitutional. By declaring an act of Congress void, the decision confirmed judicial power to enforce constitutional limits on legislative enactments.
Harry Tompkins was injured by an Erie Railroad train in Pennsylvania and sued in federal court. The railroad urged application of a federal general common law rule more favorable to it. The Supreme Court abolished the Swift v. Tyson regime, holding that federal courts must apply state substantive law in diversity cases.
Recovery is limited to actual damages such as expenditures made in preparation for marriage, loss to reputation, mental anguish, and injury to health. Expected benefits such as social or financial position are not recoverable. Punitive damages may be awarded upon a showing of malice.
No. A marriage valid where formed is generally recognized elsewhere even if the forum state has abolished common law marriage. Full faith and credit and choice-of-law principles require recognition of the status created under the law of the state where the marriage was formed.
Language in a governing instrument describing beneficiaries as the transferor's heirs or similar terms no longer creates or presumptively creates a reversionary interest in the transferor. The doctrine is eliminated both as a rule of law and as a rule of construction.
Yes. State law governs deficiency and surplus rules and may restrict or abolish deficiency judgments entirely. When a statute abolishes them, a mortgagee cannot obtain a personal judgment for the difference between the debt and the foreclosure sale price.
…if those limits may be passed by those intended to be restrained the distinction between limited and unlimited government is abolished. Either the Constitution is superior and paramount or it is on a level with ordinary legislative acts. If the former, then a legislative act contrary to the Constitution is not law. It is…