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Why do some states have preliminary notice requirements, and others dont?

New YorkPreliminary Notice

I work mainly in a state without notice requirements and as I've been wondering why they don't have them here, and if I should still send them volentarally? Will the GC care or even understand?

1 reply

Jun 2, 2022
Interesting question. The answer generally relates to the fact that although we claim to be a "common law" nation, in fact, we have a mix of civil and common law. and our civil law traditions are French, Spanish and Dutch. New England, New Jersey, VA and states that drew their laws from these states, like Kentucky, Maryland, West VA, Iowa, are mostly common law states. States like Florida, Texas, and the rest of the gulf coast and southwest have a mix of common law and Spanish/Civil law traditions. Louisiana is a Civil Law state based on French law. Many status up the Mississippi River, including Wisconsin have heavy French law influences. Those carried over to states like Oregon that model its code on Wisconsin. South Carolina was settled by many French Protestants and has a different mix of French and common law than the other French influenced states. New York is the oddest of all, it is based heavily on Dutch law, which is civil but there are many common law influences in NY as well. In short, of the notices are signal of certain historic civil law influences from French and Spanish traditions.
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