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2018 Georgia Code 1-3-6 | Car Wreck Lawyer

TITLE 1 GENERAL PROVISIONS

Section 3. Laws and Statutes, 1-3-1 through 1-3-11.

1-3-6. When laws become obligatory; effect of ignorance.

After they take effect, the laws of this state are obligatory upon all the inhabitants thereof. Ignorance of the law excuses no one.

(Orig. Code 1863, § 8; Code 1868, § 7; Code 1873, § 7; Code 1882, § 7; Civil Code 1895, § 7; Penal Code 1895, § 4; Civil Code 1910, § 7; Penal Code 1910, § 4; Code 1933, § 102-105.)

Law reviews.

- For annual survey of law on administrative law, see 62 Mercer L. Rev. 1 (2010).

JUDICIAL DECISIONS

Section applies to attorneys. Crudup v. State, 106 Ga. App. 833, 129 S.E.2d 183 (1962), aff'd, 218 Ga. 819, 130 S.E.2d 733, cert. denied, 375 U.S. 829, 84 S. Ct. 74, 11 L. Ed. 2d 61 (1963).

Section applies to law enforcement officers.

- Hameen v. State, 246 Ga. App. 599, 541 S.E.2d 668 (2000).

This principle of law has been applied to municipal ordinances. City Council v. Crump, 251 Ga. 594, 308 S.E.2d 180 (1983).

Ignorance of law no excuse for granting relief against consequences of voluntary actions.

- Mere ignorance of law on the part of one who, with full knowledge of all the facts, voluntarily takes steps with regard thereto which operates to one's prejudice, affords no ground for granting one relief against the consequences of one's own folly, though one may in good faith have labored under a misapprehension as to the legal effect of the course one elected to pursue. Atlanta Trust & Banking Co. v. Nelms, 116 Ga. 915, 43 S.E. 380 (1903).

Where a plea amounts to nothing but ignorance of the law, the plea is bad. Jenkins v. German Lutheran Congregation, 58 Ga. 125 (1877).

Ignorance of the law does not commend a suitor in equity, especially where an injunction is sought. Moore v. City of Atlanta, 70 Ga. 611 (1883).

Failure to comprehend the legal effect of making an admission in judicio, in a motion for new trial or in the alternative motion to amend judgment, of the fact that the probate court entered a judgment styled "final order" provided no excuse for the maker, since ignorance of the law excuses no one. Jabaley v. Jabaley, 208 Ga. App. 179, 430 S.E.2d 119 (1993).

Ignorance of glazing requirements.

- Fact that landlord was unaware that state law required safety glazing materials in doors under O.C.G.A. § 8-2-91 is no defense under O.C.G.A.1-3-6. Cornell v. Camellia Corp., 248 Ga. 449, 283 S.E.2d 264 (1981), appeal dismissed, 456 U.S. 901, 102 S. Ct. 1744, 72 L. Ed. 2d 157 (1982).

Defendant not relieved of criminal intent if intended to do prohibited act.

- The fact that the defendant was ignorant of the fact that the defendant was violating the law would not relieve the defendant of criminal intent if the defendant intended to do the act which the General Assembly prohibited (carrying on a "clearinghouse" for the hazarding of money). Wilson v. State, 57 Ga. App. 839, 197 S.E. 48 (1938).

Amendment pleading Act approved after suit instituted.

- Generally, laws take effect from the date of their enactment and ignorance of the law is no excuse; thus, the contention of the petitioners that they were surprised by an amendment pleading an Act approved after the suit was instituted is without merit, and the trial judge did not abuse the judge's discretion in refusing to continue the case to the next term. Crawford v. Irwin, 211 Ga. 241, 85 S.E.2d 8 (1954).

Ignorance of ordinance limiting authority of city attorneys.

- A public sector attorney's authority, like that of any other public officer, is defined and prescribed by law, including municipal ordinances; thus, a city and police officers who had entered a settlement agreement executed by city attorneys on their behalf were not estopped from challenging the agreement on the basis that a city ordinance restricted the apparent authority of the attorneys to execute the agreement, even though the ordinance was not specifically communicated to the opposing party. City of Atlanta v. Black, 265 Ga. 425, 457 S.E.2d 551 (1995).

Cited in Fulenwider v. Forrester, 64 Ga. App. 756, 14 S.E.2d 173 (1941); Cole v. Holland, 219 Ga. 227, 132 S.E.2d 657 (1963); Dyson v. Dixon, 219 Ga. 427, 134 S.E.2d 1 (1963); McRae v. State, 116 Ga. App. 407, 157 S.E.2d 646 (1967); A.M. Kidder & Co. v. Clement A. Evans & Co., 117 Ga. App. 346, 160 S.E.2d 869 (1968); Jones v. Caldwell, 230 Ga. 775, 199 S.E.2d 248 (1973); Shook & Fletcher Insulation Co. v. Central Rigging & Contracting Corp., 684 F.2d 1383 (11th Cir. 1982); Jenga v. State, 166 Ga. App. 36, 303 S.E.2d 170 (1983); North Fulton Community Hosp. v. State Health Planning & Dev. Agency, 168 Ga. App. 801, 310 S.E.2d 764 (1983); Hale v. State, 188 Ga. App. 524, 373 S.E.2d 250 (1988); Davenport v. Nance, 194 Ga. App. 313, 390 S.E.2d 281 (1990); Harris v. Boyd, 193 Ga. App. 467, 388 S.E.2d 60 (1989); Georgia Subsequent Injury Trust Fund v. ITT-Rayonier, Inc., 198 Ga. App. 467, 402 S.E.2d 54 (1991); Nix v. Long Mtn. Resources, Inc., 262 Ga. 506, 422 S.E.2d 195 (1992); Windermere v. Bettes, 211 Ga. App. 177, 438 S.E.2d 406 (1993); Black v. City of Atlanta, 61 F.3d 27 (11th Cir. 1995); Grisson v. State, 237 Ga. App. 559, 515 S.E.2d 857 (1999); Henry v. State, 295 Ga. App. 758, 673 S.E.2d 120 (2009); Ga. State Licensing Bd. for Residential & Gen. Contrs. v. Allen, 286 Ga. 811, 692 S.E.2d 343 (2010); Mecca Constr., Inc. v. Maestro Invs., LLC, 320 Ga. App. 34, 739 S.E.2d 51 (2013).

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, § 143 et seq. 27A Am. Jur. 2d, Equity, §§ 68, 69. 29 Am. Jur. 2d, Evidence, § 222. 46 Am. Jur. 2d, Judgments, § 875.

C.J.S.

- 22 C.J.S., Criminal Law, §§ 94, 95. 82 C.J.S., Statutes, § 313.

ALR.

- Ignorance of legal right to avoid contract or conveyance made during infancy as affecting ratification thereof upon attaining majority, 5 A.L.R. 137.

Unconstitutionality of later statute as affecting provision purporting specifically to repeal earlier statute, 102 A.L.R. 802.

Misrepresentation as to tax law as within rule that party to contract or other instrument may not rely upon misrepresentations as to matters of law, 153 A.L.R. 538.

What law, in point of time, governs as to inheritance from or through adoptive parent, 18 A.L.R.2d 960.

Retrospective effect of statute prescribing grounds of divorce, 23 A.L.R.3d 626.

Cases Citing Georgia Code 1-3-6 From Courtlistener.com

Total Results: 20

Depriest v. State

Court: Supreme Court of Georgia | Date Filed: 2024-10-01

Snippet: felony.” OCGA § 16-3-21 (a). See also OCGA § 16-1-3 (6) (defining “forcible felony” as “any felony which

Thomas v. State

Court: Supreme Court of Georgia | Date Filed: 2024-05-29

Snippet: specifically provided by law.”). Compare OCGA § 15-1-3 (6)-(7) (“Every court has power . . . [t]o amend

Gray v. State

Court: Supreme Court of Georgia | Date Filed: 2024-05-14

Snippet: force or violence against any person.” OCGA § 16-1-3 (6). “Whether the evidence presented is sufficient

Blash v. State

Court: Supreme Court of Georgia | Date Filed: 2024-02-20

Snippet: own proceedings before final judgment.” OCGA § 15-1-3 (6)-(7). We also note that our approach is consistent

In THE MATTER OF RYAN CURTIS CLEVELAND (Two Cases)

Court: Supreme Court of Georgia | Date Filed: 2023-10-11

Snippet: 4 multiple violations of Rules 1.1,4 1.2,5 1.3,6 1.4,7 1.16 (a) and (c),8 3.2,9 8.4 (a) (4),10 and

In the Matter of Andrew Matteson

Court: Supreme Court of Georgia | Date Filed: 2023-08-16

Snippet: admits that he violated Rules 1.1,[5] 1.2 (a), 1.3,[6] 1.4, and 1.16 (a) (2) of the GRPC. The maximum

Torres v. State

Court: Supreme Court of Georgia | Date Filed: 2022-09-20

Snippet: plea in bar based on double jeopardy as to Counts 1-3, 6-9, 12, and 13, of which he was found not guilty

In the Matter of Andrew Matteson

Court: Supreme Court of Georgia | Date Filed: 2022-09-07

Snippet: Matteson admits the he violated Rules 1.1,5 1.2 (a), 1.3,6 1.4, and 1.16 (a) (2) of the GRPC. The maximum

HALL v. DAVIS LAWN CARE SERVICE, INC.

Court: Supreme Court of Georgia | Date Filed: 2022-08-23

Snippet: as administrator and conservator. See OCGA § 15- 1-3 (6). 6 County

Thomas v. State

Court: Supreme Court of Georgia | Date Filed: 2021-05-17

Snippet: 2015 trial, a jury found Thomas guilty on Counts 1, 3, 6, 8, 9, 11, and 12, and not guilty on Counts 2,

Hood v. State

Court: Supreme Court of Georgia | Date Filed: 2018-03-05

Citation: 811 S.E.2d 392

Snippet: definition of "forcible felony." See OCGA § 16-1-3 (6) (defining a "forcible felony" to mean "any felony

Doctors Hospital of Augusta v. Alicea, Admrx.

Court: Supreme Court of Georgia | Date Filed: 2016-07-05

Citation: 299 Ga. 315, 788 S.E.2d 392, 2016 Ga. LEXIS 448

Snippet: decisions for himself or herself.” OCGA § 31-32-2 (1), (3), (6). See also OCGA § 31-32-5 (setting forth the

Buckner v. Buckner

Court: Supreme Court of Georgia | Date Filed: 2014-03-03

Citation: 294 Ga. 705, 755 S.E.2d 722, 2014 Fulton County D. Rep. 348, 2014 WL 819477, 2014 Ga. LEXIS 176

Snippet: the court’s inherent power, pursuant to OCGA § 15-1-3 (6), to exercise discretion to amend or set aside

Heywood v. State

Court: Supreme Court of Georgia | Date Filed: 2013-03-28

Citation: 292 Ga. 771, 743 S.E.2d 12, 2013 Fulton County D. Rep. 1344, 2013 WL 1442294, 2013 Ga. LEXIS 292

Snippet: thereof. Ignorance of the law excuses no one.” OCGA § 1-3-6. Likewise, the longstanding view in the federal

Sigal v. Sigal

Court: Supreme Court of Georgia | Date Filed: 2011-10-03

Citation: 716 S.E.2d 206, 289 Ga. 814, 2011 Fulton County D. Rep. 3030, 2011 Ga. LEXIS 718

Snippet: as to make them conform to the truth," OCGA § 15-1-3(6); see also Head v. Yeomans, 189 Ga. 335, 6 S.E.2d

Smith v. State

Court: Supreme Court of Georgia | Date Filed: 2011-09-12

Citation: 716 S.E.2d 143, 289 Ga. 839, 2011 Fulton County D. Rep. 2885, 2011 Ga. LEXIS 665

Snippet: the use of a "stun belt." Smith cited OCGA § 15-1-3(6)[1] as authority for his motion. See Ga. R. and

Norman v. Ault

Court: Supreme Court of Georgia | Date Filed: 2010-06-07

Citation: 695 S.E.2d 633, 287 Ga. 324, 2010 Fulton County D. Rep. 1821, 2010 Ga. LEXIS 474

Snippet: purchasers, or innocent third parties. [OCGA § 15-1-3(6)]...." [Cit.] "Under the Civil Practice Act all

Georgia State Licensing Board for Residential & General Contractors v. Allen

Court: Supreme Court of Georgia | Date Filed: 2010-03-25

Citation: 692 S.E.2d 343, 286 Ga. 811, 2010 Fulton County D. Rep. 1005, 2010 Ga. LEXIS 278

Snippet: insufficient notice under OCGA § 43-41-14 (b). OCGA § 1-3-6 provides that: “After they take effect, the laws

McNeil v. State

Court: Supreme Court of Georgia | Date Filed: 2008-11-03

Citation: 669 S.E.2d 111, 284 Ga. 586, 2008 Fulton County D. Rep. 3477, 2008 Ga. LEXIS 862

Snippet: force or violence against any person.” OCGA § 16-1-3 (6). Bennett v. State, 265 Ga. 38, 40 (453 SE2d

Gary v. Gowins

Court: Supreme Court of Georgia | Date Filed: 2008-03-10

Citation: 658 S.E.2d 575, 283 Ga. 433, 2008 Fulton County D. Rep. 760, 2008 Ga. LEXIS 243

Snippet: and clarify its own orders). See also OCGA§ 15-1-3 (6). Judgment reversed. All the Justices concur