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Model Acts

 
Law Encyclopedia: Model Acts
This entry contains information applicable to United States law only.

Statutes drafted by the National Conference of Commissioners on Uniform State Laws in cooperation with the American Law Institute. State legislatures may adopt model acts in whole or in part, or they may modify them to fit their needs. Model acts differ from uniform acts, which are adopted by the states in virtually the same form proposed by the conference and the American Law Institute.

The National Conference of Commissioners on Uniform State Laws first met in 1892 in response to a perceived need for uniformity and certainty in laws among the states. Since then, the commissioners have met annually to draft model statutes that deal with a variety of topics, from adoption to partnerships. Model acts are often proposed in controversial or complex areas of law to serve as a means of effecting a measure of agreement and uniformity of result.

The Model Business Corporation Act (MBCA) is an example of a model act that was implemented successfully. The MBCA was first adopted in 1950 and revised substantially in 1969, 1971, and 1983. It addresses all aspects of corporate legal structure, from bylaws to shareholder rights to fiduciary responsibilities. At least eighteen states have adopted the act in its entirety. Many other states have adopted significant portions of the act. Similarly, most states have substantially adopted the Model Penal Code, first promulgated in 1960, which attempts to impose uniformity in controversial areas such as mental disease or mental defect defenses and the definition of the term attempt when used in the description of the commission of a crime.

Other model acts adopted in whole or in part by the states include the Model Probate Code, the Model Class Actions Act, the Model Juvenile Court Act, and the Model Survival and Death Act.

See: Commissioners on Uniform Laws; Uniform Acts.

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Law Encyclopedia. West's Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc. All rights reserved.  Read more