Legally Blonde: The Musical

When Elle packs up and leaves for her one true love Warner, she ventures to the Commonwealth of Massachusetts, the 6th state of our country. While studying criminal law, Elle learns about various law phrases and cases.

Below are some in depth-explanations of the phrases and cases mentioned in the show, as well as some additional interesting facts about laws and capital punishments in Massachusetts!

Malum Prohibitum - A Latin phrase used in law to refer to conduct that constitutes an unlawful act only by virtue of statute.

"Like jaywalking or chewing gum in Singapore." - Elle Woods

Malum In Se - Conduct that is evil in and of itself.

"Assault, murder, white shoes after Labor Day." - Elle Woods

Russel v. Sullivan (2005) - Warner makes a reference to the verdict made in this case in order to make a point about another case in class. However, Elle gets the upper hand when questioning Warner's logic, showing her potential to be a great lawyer.

"This original proceeding presents a question of first impression under the Texas Family Code: Does an unmarried man who donated sperm to an unmarried woman for the conception of a child have standing to maintain a proceeding to adjudicate parentage of the resulting child?"

Sullivan was an unmarried woman and Russell was an unmarried man. Neither had been married previously. Sullivan wanted to conceive a child and Russell agreed to provide his sperm so that Sullivan could be artificially inseminated. Russell and Sullivan signed a "Co-Parenting Agreement":

"The insemination and conception were successful in June 2003, and the resulting child, L.J.S., was born on March 2, 2004. However, before the child's birth, a disagreement arose between Russell and Sullivan, and on March 31, 2004, Russell filed an "Original Petition to Adjudicate Parentage, Suit Affecting the Parent-Child Relationship and Breach of Contract" in the trial court.

Sullivan filed a plea to the jurisdiction, claiming that under the Texas Family Code, Russell lacks standing to bring a proceeding to adjudicate parentage because he is a sperm donor with no parental rights.

After a hearing, the trial court ruled that Russell had standing and denied Sullivan's plea to the jurisdiction. Sullivan then filed a petition for writ of mandamus in this court alleging that the trial judge clearly abused her discretion by finding that Russell has standing to maintain a proceeding to adjudicate his parentage of L.J.S."

"Why now? Why this sperm?" - Elle Woods

For more information about this case, visit: https://www.leagle.com/decision/20051068157sw3d91111025

Common Law Marriage - Elle & Emmett help Paulette get her beloved dog Rufus back from her ex Dewey, after learning that the couple were together for over 10 years. Therefore, their partnership could be considered a "Common Law Marriage". This means that a couple lives together for a period of time and holds themselves out to friends, family and the community as "being married," but without ever going through a formal ceremony or getting a marriage license. There are 2 common requirements that most states have to consider a partnership as common law:

1. You are a heterosexual couple living together in a state that recognizes CLM

- There is no defined period of time a couple must live together in any state

-The length of time a couple lives together does not determine if a CLM exists

-No state law or court decision says 7 year or 10 years of cohabitation is needed

2. Both must hold out to friends, family and their community as "being married"

-Taking the same last name

-Referring to one another as husband/wife/spouse in private/public

-Filing a joint tax return

-Holding joint bank accounts/credit cards

There are 12 states that recognize Common Law Marriages (Massachusetts is not one of them!):

1. Alabama 2. Colorado 3. District of Columbia

4. Iowa 5. Kansas 6. Montana

7. New Hampshire (for inheritance purposes only) 8. Oklahoma 9. Rhode Island

10. South Carolina 11. Texas 12. Utah

"Can you believe I lived with that for 10 years? That cheap-skate never even got me a ring!" - Paulette

For more information about this topic, visit: https://www.nolo.com/legal-encyclopedia/free-books/living-together-book/chapter2-4.html

Weird Laws in Massachusetts

- If you butcher the national anthem, you could get a $100 fine if you publicly sing or play only a part of the Star Spangled Banner. You’ll also be fined if you set the anthem to a dance beat. (M.G.L. c.264 §9)

- Alcoholic candy is illegal! While the legislature has yet to pass the bill outlawing marijuana candy, if you get caught selling candy containing more than 1% alcohol, you’ll be fined $100. (M.G.L. c.270 §8)

- No spitting on sidewalks, any government building, church, performance hall, factory or mill floor, movie theatre, school, tenant building, train station, or pretty much anywhere the public can see you. If you spit, you can get a $20 ticket. (M.G.L. c.270 §14)

- Scaring off pigeons someone else is trying to trap is illegal. You could spend up to 30 days in jail for breaking this law. This law also prohibits killing pigeons in or near someone’s trap. (M.G.L. c.266 §132)

- It is unlawful to disturb a bird’s nest or to take any nest eggs. Exceptions include: English sparrows, jay birds, crows or starlings (M.G.L. c.131 §74). Cost of a conviction: Minimum $20 fine, up to $50 or 30 days imprisonment; or both jail and fine for each egg taken / nest disturbed.

Source: https://www.oberhauserlaw.com/blog/criminal/12-weird-laws-in-massachusetts/

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