New Hampshire

Calder v. Bull in New Hampshire Law

How Calder v. Bull applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Constitutional Law.

State Approach

In New Hampshire, the principles established in Calder v. Bull regarding the prohibition of ex post facto laws are essential to maintaining legal predictability and fairness. The state's approach emphasizes the protection of individual rights against legislation that retroactively alters legal effects.

State Rule
New Hampshire's Constitution prohibits ex post facto laws and similar retroactive applications that infringe upon individual rights.
Significant State Cases

State v. Kelsey

The New Hampshire Supreme Court held that a statute passed after the defendant's actions could not apply to retroactively penalize conduct that was not illegal at the time.

In re D.J.

The court ruled that amendments to criminal statutes could not be applied retroactively if they increased punishment for past actions.

State v. Dwyer

The court ruled that changing the standards for legal culpability after the fact violated the rights of the accused.

Comparison to Federal Law

New Hampshire's approach closely mirrors federal standards set in Calder v. Bull regarding ex post facto laws. Both recognize the importance of protecting against retrospective legislative actions that could undermine fairness in legal proceedings, although New Hampshire may interpret specific applications of this principle more broadly in certain cases.

Bar Exam Note

Understanding the implications of Calder v. Bull is vital for the New Hampshire bar exam, particularly in questions regarding constitutional protections against ex post facto legislation.

Practice Pointers
  • Be familiar with New Hampshire's state constitution regarding retroactive laws.
  • Examine how changes in state law impact ongoing cases, especially in criminal law contexts.
  • Review the significance of precedent in New Hampshire law and how it relates to ex post facto challenges.

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