8428 Version 1.005

Thirty- five state constitutions guarantee you a right to a Remedy.

By Ron Fox

formatted by Lawyerdude

This page is http://www.lawyerdude.netfirms.com/8428.html

Link to U.S. Constitution Bill of Rights:http://www.law.ou.edu/ushistory/constitution/BillofRights.shtml

Links to State Constitutions & Important Clauses: http://www.mcrkba.org/states.html

I asked Westlaw to find the state constitutional clauses that gave me a right to a remedy. Westlaw teacher could not do it. Ron Fox did it! He researched all the states! He found 42 state constitutions that give you a right to a remedy! Go to the head of the class Ron!

15 States not on the list:

Alaska is not on the list even though they have the “pursuit of happiness” clause like California.

Arizona. Not on the list.

California is not on the list but they have the “pursuit of happiness” guarantee in their constitution.

Hawaii

Iowa

Michigan is not on the list, but see their section 17 below.

Nevada

New Jersey

New Mexico

New York

North Dakota

Virginia

Washington

The following 34 states have a “right to a remedy” clause in their constitution:

1. Alabama. Art. 1. Section 13. Courts to be open; remedies for all injuries; impartiality of justice. That all courts shall be open; and that every person, for any injury done him, in his lands, goods, person, or reputation, shall have a remedy by due process of law; and right and justice shall be administered without sale, denial, or delay. http://www.legislature.state.al.us/CodeOfAlabama/Constitution/1901/Constitution1901_toc.htm

Sec. 14. All courts shall be open, and every person, for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered, without sale, denial, or delay. http://www.legislature.state.al.us/misc/history/constitutions/1819/1819_1.html

Alaska is not on the list even though they have the “pursuit of happiness” clause like California.

Arizona. Not on the list.

2. Arkansas. Art 2. Section 13. Redress of wrongs. Every person is entitled to a certain remedy in the laws for all injuries or wrongs he may receive in his person, property or character; he ought to obtain justice freely, and without purchase; completely, and without denial; promptly and without delay; conformably to the laws. http://www.arkleg.state.ar.us/data/constitution/ArkansasConstitution1874.pdf

California is not on the list but they have the “pursuit of happiness” guarantee in their constitution.

3. Colorado. Art 11. Section 6. Equality of justice. Courts of justice shall be open to every person, and a speedy remedy afforded for every injury to person, property or character; and right and justice should be administered without sale, denial or delay. http://www.i2i.org/Publications/ColoradoConstitution/cnart2.htm

4. Connecticut. (1818) Sec. 12. All courts shall be open, and every person, for an injury done him in his person, property or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay. http://www.sots.ct.gov/RegisterManual/SectionI/1818CTCO.HTM

5. Delaware. Art 1. Section 9 Courts shall be open; remedy for injury; suits against State. Section 9. All courts shall be open; and every person for an injury done him or her in his or her reputation, person, movable or immovable possessions, shall have remedy by the due course of law, and justice administered according to the very right of the cause and the law of the land, without sale, denial, or unreasonable delay or expense. Suits may be brought against the State, according to such regulations as shall be made by law. http://www.delcode.state.de.us/constitution/constitution-01.htm#P45_4324

District of Columbia. Section 10. Justice in all cases shall be administered openly, and without unnecessary delay. http://www1.leg.wa.gov/LawsAndAgencyRules/constitution.htm

6. Florida. Art. 1, section 21. Access to courts- The courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay.

7. Georgia. Par xii. . Right to the courts. No person shall be deprived of the right to prosecute or defend, either in person or by an attorney, that person's own cause in any of the courts of this state. http://www.cviog.uga.edu/Projects/gainfo/conart1.htm

Hawaii is not on the list.

8. Idaho. Amended 1975. Sec 18. Courts of justice shall be open to every person, and a speedy remedy afforded for every injury of person, property or character, and right and justice shall be administered without sale, denial, delay, or prejudice. http://www.harbornet.com/rights/idaho.txt

9. Illinois Sec 12. Every person shall find a certain remedy in the laws for all injuries and wrongs which he receives to his person, privacy, property or reputation. He shall obtain justice by law, freely, completely, and promptly. http://www.ilga.gov/commission/lrb/con1.htm

10. Indiana. Sec 12. All courts shall be open; and every person, for injury done to him in his person, property, or reputation, shall have remedy by due course of law. Justice shall be administered freely, and without purchase; completely, and without denial; speedily, and without delay. http://www.law.indiana.edu/uslawdocs/inconst/art-1.html

Iowa is not on the list.

11. Kansas. Amended 1975. § 18. Justice without delay. All persons, for injuries suffered in person, reputation or property, shall have remedy by due course of law, and justice administered without delay. http://skyways.lib.ks.us/KSL/ref/constitution/rights.html

12. Kentucky. Section 14 ... Right of judicial remedy for injury -- Speedy trial. All courts shall be open, and every person for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay. Text as Ratified on: August 3, 1891, and revised September 28, 1891. History: Not yet amended. http://www.lrc.state.ky.us/legresou/constitu/014.htm

13. Louisiana. Sec. 22. All courts shall be open, and every person shall have an adequate remedy by due process of law and justice, administered without denial, partiality, or unreasonable delay, for injury to him in his person, property, reputation, or other rights. http://www.harbornet.com/rights/louisana.txt

14. Maine. Art 1 Section 19. Right of redress for injuries. Every person, for an injury inflicted on the person or the person's reputation, property or immunities, shall have remedy by due course of law; and right and justice shall be administered freely and without sale, completely and without denial, promptly and without delay. http://www.maine.gov/sos/arc/general/constit/consar1.htm

15. Maryland. Art. 19. That every man, for any injury done to him in his person or property, ought to have remedy by the course of the Law of the Land, and ought to have justice and right, freely without sale, fully without any denial, and speedily without delay, according to the Law of the Land. http://www.msa.md.gov/msa/mdmanual/43const/html/00dec.html

16. Massachusetts. Article XI. Every subject of the commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property, or character. He ought to obtain right and justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and without delay; conformably to the laws. http://www.mass.gov/legis/const.htm#cp10s01.htm

Michigan is not on the list. However, Michigan has a good clause: Sec. 17. No person shall . . .be deprived of life, liberty or property, without due process of law. The right of all individuals, firms, corporations and voluntary associations to fair and just treatment in the course of legislative and executive investigations and hearings shall not be infringed. History: Const. 1963, Art. I, §17, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. II, §16. http://www.legislature.mi.gov/documents/publications/Constitution.pdf

17. Minnesota Art 1. Sec. 8. Every person is entitled to a certain remedy in the laws for all injuries or wrongs which he may receive to his person, property or character, and to obtain justice freely and without purchase, completely and without denial, promptly and without delay, conformable to the laws. http://www.house.leg.state.mn.us/cco/rules/mncon/Article1.htm

18. Mississippi. Art 3. Sec. 24. All courts shall be open; and every person for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice shall be administered without sale, denial, or delay. http://www.olemiss.edu/depts/law_lib_research/laws/msconst.html

19. Missouri Article I Section 14. That the courts of justice shall be open to every person, and certain remedy afforded for every injury to person, property or character, and that right and justice shall be administered without sale, denial or delay. http://www.moga.state.mo.us/const/A01014.HTM

Section 2. That all constitutional government is intended to promote the general welfare of the people; that all persons have a natural right to life, liberty, the pursuit of happiness and the enjoyment of the gains of their own industry; that all persons are created equal and are entitled to equal rights and opportunity under the law; that to give security to these things is the principal office of government, and that when government does not confer this security, it fails in its chief design. http://www.moga.state.mo.us/const/A01002.HTM

20. Montana. Section 16. The administration of justice. Courts of justice shall be open to every person, and speedy remedy afforded for every injury of person, property, or character. No person shall be deprived of this full legal redress for injury incurred in employment for which another person may be liable except as to fellow employees and his immediate employer who hired him if such immediate employer provides coverage under the Workmen's Compensation Laws of this state. Right and justice shall be administered without sale, denial, or delay. http://leg.mt.gov/css/mtcode_const/const.asp

21. Nebraska Article I: Justice administered without delay; Legislature; CI-13. All courts shall be open, and every person, for any injury done him or her in his or her lands, goods, person, or reputation, shall have a remedy by due course of law and justice administered without denial or delay, except that the Legislature may provide for the enforcement of mediation, binding arbitration agreements, and other forms of dispute resolution which are entered into voluntarily and which are not revocable other than upon such grounds as exist at law or in equity for the revocation of any contract. http://info.neded.org/stathand/parttwo/nebconst.html

Nevada is not on the list.

22. 23. New Hampshire Art 14. [Legal Remedies to be Free, Complete, and Prompt.] Every subject of this state is entitled to a certain remedy, by having recourse to the laws, for all injuries he may receive in his person, property, or character; to obtain right and justice freely, without being obliged to purchase it; completely, and without any denial; promptly, and without delay; conformably to the laws. http://www.nh.gov/constitution/billofrights.html

New Jersey is not on the list.

New Mexico is not on the list.

New York is not on the list.

23. North Carolina. Section 18. All courts shall be open; every person for an injury done him in his lands, goods, person, or reputation shall have remedy by due course of law; and right and justice shall be administered without favor, denial, or delay. http://statelibrary.dcr.state.nc.us/NC/STGOVT/CONST1.HTM

North Dakota is hot on the list

24. South Carolina. Section 9. Courts; speedy remedy. All courts shall be public, and every person shall have speedy remedy therein for wrongs sustained. http://www.scstatehouse.net/scconstitution/a01.htm

25. Ohio Art 1. § 1.16 Redress in courts (1851, amended 1912) All courts shall be open, and every person, for an injury done him in his land, goods, person, or reputation, shall have remedy by due course of law, and shall have justice administered without denial or delay. Suits may be brought against the state, in such courts and in such manner, as may be provided by law. http://www.constitution.org/cons/usohcons.txt

26. Oklahoma. Section II-6: Courts of justice open - Remedies for wrongs - Sale, denial or delay. The courts of justice of the State shall be open to every person, and speedy and certain remedy afforded for every wrong and for every injury to person, property, or reputation; and right and justice shall be administered without sale, denial,delay, or prejudice. http://oklegal.onenet.net/okcon/II-6.html

Oregon is not on the list. Section 33. Enumeration of rights not exclusive. This enumeration of rights, and privileges shall not be construed to impair or deny others retained by the people.

27. Pennsylvania Constitution of 1776, Declaration of Rights http://press-pubs.uchicago.edu/founders/documents/bill_of_rightss5.html

28. Rhode Island. Section 5. Entitlement to remedies for injuries and wrongs -- Right to justice. -- Every person within this state ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which may be received in one's person, property, or character. Every person ought to obtain right and justice freely, and without purchase, completely and without denial; promptly and without delay; conformably to the laws. http://www.rilin.state.ri.us/RiConstitution/ConstFull.htm

29. South Dakota. Art VI. § 20. Courts open--Remedy for injury. All courts shall be open, and every man for an injury done him in his property, person or reputation, shall have remedy by due course of law, and right and justice, administered without denial or delay. http://legis.state.sd.us/statutes/ConstitutionArticleList.aspx

30. Tennessee. Art. 1. Sec 17. That all courts shall be open; and every man, for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay. Suits may be brought against the State in such manner and in such courts as the legislature may by law direct. http://www.harbornet.com/rights/tennesse.txt

31. Texas Art 1. Section 13. All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law. http://tlo2.tlc.state.tx.us/txconst/sections/cn000100-001300.html

32. Utah Art 1 Section 11 All courts shall be open, and every person, for an injury done to him in his person, property or reputation, shall have remedy by due course of law, which shall be administered without denial or unnecessary delay; and no person shall be barred from prosecuting or defending before any tribunal in this State, by himself or counsel, any civil cause to which he is a party. http://le.utah.gov/~code/const/htm/CO_02012.htm

33. Vermont. Art IV. Every person within this state ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which one may receive in person, property or character; every person ought to obtain right and justice, freely, and without being obliged to purchase it; completely and without any denial; promptly and without delay; comformably to the laws. http://www.leg.state.vt.us/statutes/const2.htm

Virginia is not on the list.

Washington is not on the list.

34. West Virginia 3-17. Courts open to all -- Justice administered speedily. The courts of this state shall be open, and every person, for an injury done to him, in his person, property or reputation, shall have remedy by due course of law; and justice shall be administered without sale, denial or delay. http://www.legis.state.wv.us/WVCODE/WV_CON.cfm#articleIII

35. Wisconsin: Art. 1. Section 9. Every person is entitled to a certain remedy in the laws for all injuries, or wrongs which he may receive in his person, property, or character; he ought to obtain justice freely, and without being obliged to purchase it, completely and without denial, promptly and without delay, conformably to the laws. http://www.legis.state.wi.us/rsb/unannotated_wisconst.pdf

36.

Wyoming: Art. 1 Section 18. All courts shall be open and every person for an injury done to person, reputation or property shall have justice administered without sale, denial or delay. Suits may be brought against the State in such manner and in such courts as the legislature may by law direct.

http://uwacadweb.uwyo.edu/RobertsHistory/wyoming_constitution1.htm