Preface[]
In most cases, the rules governing the Law of the United States (and the American Justice System)[1] in Marvel Universes (and mostly Earth-616) mimics Earth-1218's version of the Law of the United States, including (for example) the Toxic Substances Control Act (TSCA) of 1976 (governing the manufacturing, importing, distribution, and processing of all toxic chemicals. TSCA requires that all such chemical be inspected and approved by the EPA...),[2] the Civil Rights Law,[3] and Supreme Court cases such as Marbury v. Madison, Brown v. Board of Education, U.S. v. Nixon or Obergefell v. Hodges or Rovario.[4]
The superhuman and supernatural elements of those universes brings new situations and rules in law. In Earth-616, it led the law firm Goodman, Lieber, Kurtzberg & Holliway to open a branch where they practiced "Superhuman Law".[5]
Source of Law and Legal Documents[]
Constitution[]
The Constitution include many basis of the United States laws, including the authority for the President to release executive orders.[6]
Laws[]
Many rules of law comes from laws acts, such as the Superhuman Information Sharing Act (S.I.S. Act) of 1986,[6] the Superhuman Registration Act, S.H.I.E.L.D. Act...
Executive Orders[]
Under the Constitution and the laws, the President can release executive orders, such as Executive Order 13361 of November 16, 2004, establishing the Office of National Emergency (O*N*E), Executive Order 13372 of February 16, 2005, establishing the Sentinel Squad O*N*E (S.S.1), or Executive Order 13386 of November 2, 2005, providing intelligence to the O*N*E and ordering Sentinel Squad O*N*E to active duty.[6] Please find here the executive orders.
Ruling and jurisprudence[]
Please find here the known jurisprudence, rulings and precedents.
Evidence acknowledgement[]
- Stark v. Maximoff: "the Supreme Court ruled that the jury is free to consider all evidence of enhanced individuals and/or extra-normal incidents."[7]
Testimony acknowledgement[]
- In the Bailey Briggs Murder Trial, Doctor Strange considered that the ghost of Mr. Bailey Briggs (who wished to testify in court) wouldn't be acknowledged by the court. Mallory Book intended to cite precedents such as taped confessions of dying men or suicide notes. It was resolved that the testimony wasn't receivable, and that a dead man had no rights in a court of law. After citing the Infinity Gauntlet Affair, the case of Thanos v The Universe, in which Thanos killed half of the universe's population, including half of Earth's population, the decision was reversed.[1]
- The District Attorney once considered that Nicolas Wilkes's who had admitted during an interrogation by the police and under the influence of Doctor Strange's Eye of Agamotto (which reveals the truth) to be guilty of the stealing of the Wand of Watoomb, was free to go (on a matter of civil rights).[5]
- Testimonies from masked vigilantes and adventurers who don't reveal their identity have been an issue in the past, and are currently invalid:
- During a Metahuman Investigations Committee[8] closed hearing of the Senate about the the proposed Superhuman Registration Act,[9] a statement made by Spider-Man to the committee was striken off the record, as Spider-Man declined to unmask, identify himself and swear under oath.[10]
- In People v. Slugansky,[11] during the trial of Simon Slugansky, the criminal section of the New York State Supreme Court set a precedent by allowing Daredevil to testimony without removing his mask nor revealing his identity, admitting as potentially legal the expansion of the doctrine of the law to accept confidential testimony, informants, etc. (and letting the opposing party depose a motion to compel Daredevil to reveal his identity).[12] The New York State Court of Appeals (the higher court in the state) later ruled against Murdock in a 4-3 decision.[11] ...[4]
Comic books[]
According to Goodman, Lieber, Kurtzberg & Holliway Stu Cicero, Marvel Comics are admissible in any court of law, given the fact most of them are licensed from real heroes and that any issue published before 2002 bears the seal of the Comics Code Agency, a federal agency, making them legal documents.[5]
Non-humans' legal status[]
Aliens have no legal standing in the US, and therefore, there is no law to protect them.[13]
Ghosts had previously no rights in a court of law, but that decision was reversed due to the implication of the Infinity Gauntlet Affair, the case of Thanos v The Universe[1] (see Bailey Briggs Murder Trial and Law of the United States#Testimony Testimony acknowledgement).
The State of New York doesn't have laws on the books to protect the life, liberty and happiness of non human life-forms. Therefore no charges can be pressed upon (for example) murderers of an non human life-form. It is possible to seek a remedy in civil court.[14]
Others[]
Using magic in financial dealings constitutes illegal market manipulation.[15]
Alternate realities[]
Earth-92131[]
Reading a government official's mind is a federal offense.[16]
References[]
- ↑ 1.0 1.1 1.2 She-Hulk #3
- ↑ She-Hulk #1
- ↑ Haunt of Horror (Vol. 2) #5 ; The Possession of Jenny Christopher
- ↑ 4.0 4.1 Daredevil (Vol. 5) #25
- ↑ 5.0 5.1 5.2 She-Hulk #2
- ↑ 6.0 6.1 6.2 X-Men: The 198 Files #1 ; Executive Order 13386
- ↑ Accused #1
- ↑ Amazing Spider-Man #529
- ↑ Amazing Spider-Man #530
- ↑ Amazing Spider-Man #531
- ↑ 11.0 11.1 Daredevil (Vol. 5) #24
- ↑ Daredevil (Vol. 5) #22
- ↑ Civil War: Young Avengers and Runaways #3
- ↑ Deadpool (Vol. 6) #28
- ↑ Heroes for Hire #14
- ↑ X-Men '92 (Vol. 2) #9