Also known as:uniformity · uniformities · uniformity clause
Written by attorneys · grounded in primary & secondary sources — see below
A requirement or characteristic of being the same or consistent in application across jurisdictions or instances. It ensures equal treatment by mandating identical standards or rules wherever the subject matter arises.
Sources & Authorities· 30 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Risk Passes at Contract
Umar Usmani contracts to buy land from Upstream Petroleum. Before closing a fire destroys the buildings. Equity treats Umar as owner from contract formation so he bears the loss and must pay the full price under the uniform risk-of-loss rule applied in the jurisdiction.
Geographic Tax Uniformity
Congress enacts an excise on imported petroleum that applies at the same rate in every state. The constitutional command is satisfied because the tax operates identically wherever the article is found.
Recount Standards Required
After a presidential election a state orders local officials to apply varying manual-recount rules. The absence of uniform statewide standards violates equal protection because similarly marked ballots receive different treatment.
Una Unger seeks to modify an existing custody decree. The court applies the uniform act and refuses modification because no substantial change in circumstances has occurred since the original order.
Adoption Jurisdiction Gap
Ulric Unger files an adoption petition in a county where he does not reside. Because most states fill the jurisdictional void with uniform adoption provisions or the UCCJEA the petition is dismissed for lack of proper venue.
Land Interest under Statute
Unity Capital orally promises to pay a broker a commission if the broker induces a third party to transfer Blackacre. The promise concerns an interest in land and therefore falls within the statute of frauds under the uniform interpretation applied to such interests.
Common questions
Frequently Asked
3
What does the uniformity requirement in Article I Section 8 demand for federal taxes?+
It requires geographic uniformity so the same tax is imposed at the same rate on the taxed article wherever it is found in the United States.
Supporting sources
How does the uniform standard rule from Bush v. Gore affect election recounts?+
It requires that similarly marked ballots be treated alike under consistent statewide procedures so that each vote receives equal weight.
Supporting sources
When may a court modify a custody decree under the Uniform Marriage and Divorce Act?+
Only upon a showing of changed circumstances since the prior decree that makes modification necessary to serve the child's best interest.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…a fine not exceeding [$1,000] or to imprisonment [in the state penitentiary] not exceeding [5 years], or both. "SECTION 3. [ Uniformity of Interpretation. ] This Act shall be construed to effectuate its general purpose to make uniform the law with respect to the subject of this Act among those states which enact…