Law of Ohio
   HOME

TheInfoList



OR:

The
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
of
Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
consists of several levels, including constitutional, statutory, and regulatory, local and common law. The ''
Ohio Revised Code The ''Ohio Revised Code'' contains all current statutes of the Ohio General Assembly of a permanent and general nature, consolidated into provisions, titles, chapters and sections. However, the only official publication of the enactments of the Ge ...
'' forms the general statutory law.


Sources

The
Constitution of Ohio The Constitution of the State of Ohio is the basic governing document of the State of Ohio, which in 1803 became the 17th state to join the United States of America. Ohio has had three constitutions since statehood was granted. Ohio was created ...
is the foremost source of state law. Laws may be enacted through the
initiative In political science, an initiative (also known as a popular initiative or citizens' initiative) is a means by which a petition signed by a certain number of registered voters can force a government to choose either to enact a law or hold a ...
process. Legislation is enacted by the Ohio General Assembly, published in the ''Laws of Ohio'', and codified in the ''
Ohio Revised Code The ''Ohio Revised Code'' contains all current statutes of the Ohio General Assembly of a permanent and general nature, consolidated into provisions, titles, chapters and sections. However, the only official publication of the enactments of the Ge ...
''. State agencies promulgate rules and regulations (sometimes called administrative law) in the ''Register of Ohio'', which are in turn codified in the ''Ohio Administrative Code'' (OAC). Ohio's legal system is based on
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
, which is interpreted by case law through the decisions of the Supreme Court, District Courts of Appeals, and trial courts, which are published in the ''Ohio Official Reports''. Counties, townships, and municipalities may also promulgate local ordinances. In addition, there are also several sources of persuasive authority, which are not binding authority but are useful to lawyers and judges insofar as they help to clarify the current state of the law.


Constitution

The foremost source of state law is the
Constitution of Ohio The Constitution of the State of Ohio is the basic governing document of the State of Ohio, which in 1803 became the 17th state to join the United States of America. Ohio has had three constitutions since statehood was granted. Ohio was created ...
. The Ohio Constitution in turn is subordinate only to the
Constitution of the United States The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
, which is the supreme law of the land. The Ohio Constitution vests the legislative power of the state in the Ohio General Assembly.


Legislation

Pursuant to the state constitution, the Ohio General Assembly has enacted various laws, called "pamphlet laws" or generically " slip laws". These are published in the official ''Laws of Ohio'' and are called "
session laws Session laws are the collection of statutes enacted by a legislature during a single session of that legislature, often published following the end of the session as a bound volume. The United States Statutes at Large are an example of session l ...
". These in turn have been codified in the ''
Ohio Revised Code The ''Ohio Revised Code'' contains all current statutes of the Ohio General Assembly of a permanent and general nature, consolidated into provisions, titles, chapters and sections. However, the only official publication of the enactments of the Ge ...
''. The only official publication of the enactments of the General Assembly is the ''Laws of Ohio''; the ''Ohio Revised Code'' is only a reference. A maximum 900 copies of the ''Laws of Ohio'' are published and distributed by the
Ohio Secretary of State The Secretary of State of Ohio is an elected statewide official in the State of Ohio. The Secretary of state is responsible for overseeing elections in the state; registering business entities (corporations, etc.) and granting them the author ...
; there are no commercial publications other than a
microfiche Microforms are scaled-down reproductions of documents, typically either films or paper, made for the purposes of transmission, storage, reading, and printing. Microform images are commonly reduced to about 4% or of the original document size. F ...
republication of the printed volumes. The ''Ohio Revised Code'' is not officially printed, but there are several unofficial but certified (by the Ohio Secretary of State) commercial publications: ''Baldwin's Ohio Revised Code Annotated'' and ''Page's Ohio Revised Code Annotated'' are
annotated An annotation is extra information associated with a particular point in a document or other piece of information. It can be a note that includes a comment or explanation. Annotations are sometimes presented in the margin of book pages. For ann ...
, while ''Anderson's Ohio Revised Code Unannotated'' is not. ''Baldwin's'' is available online from
Westlaw Westlaw is an online legal research service and proprietary database for lawyers and legal professionals available in over 60 countries. Information resources on Westlaw include more than 40,000 databases of case law, state and federal statu ...
and ''Page's'' is available online from
LexisNexis LexisNexis is a part of the RELX corporation that sells data analytics products and various databases that are accessed through online portals, including portals for computer-assisted legal research (CALR), newspaper search, and consumer info ...
.


Regulations

Pursuant to certain statutes, state agencies have promulgated rules and regulations (sometimes called
administrative law Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as "regulations"), ad ...
). Notices and proposed rules are published in the ''Register of Ohio''. The ''Ohio Administrative Code'' (OAC) contains the codified regulations, and is updated by the ''Ohio Monthly Report''. The ''Register of Ohio'' is not printed, but is published weekly online.


Case law

Ohio's legal system is based on
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
, which is interpreted by case law. The ''Ohio State Reports'', ''Ohio Appellate Reports'', and ''Ohio Miscellaneous Reports'' are part of the ''Ohio Official Reports'' and contain the opinions of the Supreme Court, appellate courts, and trial courts, respectively.


Local laws

Ohio is divided into 88 counties. The territory of each county is divided into a total of 1,309 townships . In addition, there may be two kinds of incorporated municipalities: cities and villages. Municipalities have full home rule powers, and may adopt a charter for self-government. Counties may adopt charters for home rule. Townships may have limited home rule powers. Counties and townships may adopt resolutions, and municipalities may adopt ordinances and resolutions, for their government. Municipal resolutions and ordinances of a general nature are required to be published. County resolutions are not required to be published, nor are township resolutions not adopted under self-government. Counties and townships may pass zoning resolutions for the unincorporated areas, and county zoning resolutions prevail over township zoning resolutions unless township residents vote to overrule them. Codified ordinances may or may not be found in a local law library, and zoning resolutions may be purchased from the county recorder. With respect to the government of Columbus, the codified ordinances are contained in the Columbus City Codes, and all proceedings of the Columbus City Council such as ordinances and resolutions are published in the weekly Columbus City Bulletin.


See also


Topics

*
Capital punishment in Ohio Capital punishment is a legal penalty in the U.S. state of Ohio, although all executions have been suspended indefinitely by Governor Mike DeWine until a replacement for lethal injection is chosen by the Ohio General Assembly. The last executi ...
*
Felony murder rule (Ohio) In the U.S. state of Ohio, the common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinio ...
*
Gun laws in Ohio Gun laws in Ohio regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Ohio.
*
LGBT rights in Ohio Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Ohio have most of the rights non-LGBT residents have. Same-sex sexual activity is legal in Ohio, and same-sex marriage has been legally recognized since June 2015 as ...


Other

*
Politics of Ohio Political control of Ohio has oscillated between the two major parties. Republicans outnumber Democrats in Ohio government. The governor, Mike DeWine, is a Republican, as are all other non-judicia ...
*
Law enforcement in Ohio This is a list of law enforcement agencies in the state of Ohio. According to the US Bureau of Justice Statistics' 2008 ''Census of State and Local Law Enforcement Agencies'', the state had 831 law enforcement agencies employing 25,992 sworn ...
*
Crime in Ohio This article refers to crime in the U.S. state of Ohio. Crimes reported Since 1960, Ohio has seen a wide variation in the amount of violent crimes reported. In 2014, there were 33,030 violent crimes reported - the lowest rate the state has seen si ...
*
Law of the United States The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as v ...


References

* * *


External links


Ohio Revised Code
from LAWriter
Ohio Administrative Code
from LAWriter
Laws of Ohio
from the
Ohio Secretary of State The Secretary of State of Ohio is an elected statewide official in the State of Ohio. The Secretary of state is responsible for overseeing elections in the state; registering business entities (corporations, etc.) and granting them the author ...

Register of Ohio
from the Ohio Legislative Service Commission
Columbus City Codes
from Municode

from American Legal Publishing
Cincinnati Municipal Code
from Municode
Local ordinance codes
from
Public.Resource.Org Public.Resource.Org (PRO) is a 501(c)(3) non-profit corporation dedicated to publishing and sharing public domain materials in the United States and internationally. It was founded by Carl Malamud and is based in Sebastopol, California. Public.Re ...

Ohio Rules of Civil Procedure
fro
VernerLegal

Ohio Rules of Criminal Procedure
fro
VernerLegal

Ohio Rules of Evidence
fro
VernerLegal
* Case law: {{DEFAULTSORT:Ohio Law State law in the United States Government of Ohio