The clause that states that the federal laws have greater weight than state laws is the Supremacy Clause. This clause is the Constitution's one of the most significant structural provision.
This clause states that the Constitution shall be the supreme law of the United States of America and shall supersede any statute, state laws or regulations when there is a conflict between the two.
However, if any law says that the State must comply with it and that no other law be it federal laws cannot supersede them then that law must be complied with as it says. Till this day, the Supreme Court relies heftily on this clause in deciding cases with conflict.
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jenna is fifteen years old. under the fair labor standards act, jenna cannot work in the entertainment industry. in a hazardous occupation. for her parents. in the delivery of newspapers.
Answer: No!
Explanation:
No, Jenna cannot work in the entertainment industry, in a hazardous occupation, for her parents, or in the delivery of newspapers. Under the Fair Labor Standards Act, 15-year-olds are not allowed to work in jobs deemed hazardous or in any occupations involving motor vehicles, mining, logging, or manufacturing. They are also not allowed to work in any occupation that may jeopardize their health and safety. Additionally, 15-year-olds cannot work for their parents in any capacity, including delivering newspapers.
george mason refused to sign the draft constitution because
One of the main reasons George Mason refused to sign the draft constitution was that he believed the Constitution did not adequately protect individual rights.
George Mason, one of the Founding Fathers of the United States and a delegate to the Constitutional Convention of 1787. There were several reasons why he refused to sign the draft constitution.
Mason, who had written the Virginia Declaration of Rights in 1776, which served as a model for the Bill of Rights, believed that the new Constitution needed a bill of rights to protect individual liberties.
He was concerned that the centralization of power in the federal government would lead to a loss of liberty and an erosion of the sovereignty of the states.
Finally, Mason was opposed to the compromise that had been reached on the issue of slavery. Although he himself owned slaves, he was opposed to the institution and believed that it should be abolished.
For above mentioned reasons, George Mason refused to sign the final draft of the Constitution.
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Most states in the United States have statutes that permit merchants or their employees to reasonable detain customers suspected of shoplifting. In the context of the tort of false imprisonment, identify the factors that can cause merchants or their employees to lose this statutory privilege.-The lack of reasonable suspicion of shoplifting-The unnecessary use of force- An unreasonable length of confinement
In the United States, most states have statutes that permit merchants or their employees to reasonably detain customers suspected of shoplifting. However, lack of reasonable suspicion, unnecessary use of force, and unreasonable length of confinement can cause merchants or their employees to lose this statutory privilege under the tort of false imprisonment.
The lack of reasonable suspicion of shoplifting; there must be reasonable belief that the customer has committed, or is about to commit, the act of shoplifting before they can detain the customer. Unnecessary use of force; They may use a reasonable amount of force to detain a suspected shoplifter, but not excessive force. Unreasonable length of confinement; they may only detain a suspected shoplifter for a reasonable amount of time, usually until the police arrive. Any of these factors can cause the loss of statutory privilege under the tort of false imprisonment.
Overall, merchants and their employees must follow the guidelines set forth in the state statutes to retain their statutory privilege to detain customers suspected of shoplifting without being liable for false imprisonment.
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laws and policies and their associated penalties only deter if which of the following conditions is present?
Public rules, policies, and the punishments associated with them only deter criminals if they fear the penalty, expect to be caught, and expect the penalty to be implemented if they are detected.
Laws and policies, as well as the punishments associated with them, only dissuade potential violators if they believe the risk of being found and penalized outweighs the apparent advantage of committing the crime or violating the policy. In other words, deterrence is determined by the likelihood and severity of the punishment perceived by future violators. If potential violators feel they will not be detected or that the punishment would be insufficient to offset the advantages of the crime or violation, then the law or policy will be ineffective in discouraging them.
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What happens when a president doesnât return a bill in 10 days and what is the exception to that rule?.
When or if a President does not return a bill within 10 days of it being filed, then the bill ultimately becomes a law. However, the only exception to this rule is when the President is specifically demanding additional time for returning the bill.
A bill may be taken into assumption as the proposition made by the individuals or an official body under government to pass it into the legal legislation of the government, and make it lawful provision under the regulations related thereto. When a bill is presented to the President, he or she has to return it within 10 days, post which it is automatically assumed to be a law.
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true/false. the view of american federalism that holds the the constitution created a system in which the national government is supreme, relative to the states, and that it granted government a broad range of powers and responsibilities.
False. According to the theory of American federalism, the Constitution gave the federal government a wide range of authorities and duties and established a system in which it is supreme over the states.
Power is divided and shared between a central government and several regional administrations under a political system known as federalism. In a federal system, the national government has the authority to decide and act in ways that have an impact on the entire nation, while the regional governments have the authority to decide and act in ways that have an impact on their particular territories. This structure aims to support both regional autonomy and national unity. By allowing regional governments to handle local needs and problems while the national government concentrates on more important issues that impact the entire country, it can enable more efficient and effective governance. Federalism, however, may also result in disputes between the various levels of government and create issues regarding the proper balance.
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When the trade union movement began in Britain, the strike was an illegal action taken against whom?
When the trade union movement began in Britain, the strike was an illegal action taken against factory owners by union workers.
In the year 1868, the trade unionists from all over the UK came together in Manchester, and held the first meeting of the Trade Union Congress. while the legal status of trade unions established by the commission in the year 1867. The movement encouraged increased output of machine made goods and protection of rights of the employees, it was a step towards preventing exploitation of employee rights as a collective organisation of working people developed to campaign for better and safe working condition for all the workers. The movement was widely in the favor of the workers and prevented the factory owners from exploiting the rights of the employees.
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a garbage worker, a citizen of state a, sued a truck driver, a citizen of state b, in federal court in state b. the garbage worker is seeking $125,000 as compensation for injuries he suffered in a car accident that occurred in state a. state b law does not permit a court to order plaintiffs to submit to an examination by physicians, but state a law does. the federal rules of civil procedure authorize courts to order a physical examination by a licensed examiner. the truck driver filed a motion challenging the alleged injuries and requested that the court order the garbage worker to submit to an examination by a licensed physician.
The answer to the question is : Yes. The court should grant the truck driver's motion because the federal rule applies. (Civil Procedure-Law Applied by Federal Courts)
What does it mean to sue a person for compensation?To sue a person for compensation means to take legal action against them in order to recover monetary damages or other forms of compensation for harm or loss that they have caused you. This can involve filing a civil lawsuit in a court of law, where you will typically need to present evidence that the defendant was responsible for the harm or loss you suffered and that they should be held liable for compensating you.
The compensation that you may be entitled to in a lawsuit will depend on the nature and extent of the harm or loss that you suffered. This could include things like medical expenses, lost income or earning potential, property damage, pain and suffering, or emotional distress.
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3. Debbie and Jim Lomach were driving from their home in Chicago to Dallas for a family reunion in their brand new
Airstream motorhome when a truck full of oranges from the Florida Floranges Company plowed into their Airstream,
causing over $100,000 of damages to the motorhome. Although no one was injured physically in the crash, the
Lomaches have come to you asking what they should do about the extensive damage to their Airstream (not to
mention the lingering citrus smell).
ich Hubisous Slant, has
The judicial branch may have numerous opportunities to interpret the Constitution thanks to the structure of federal courts and a Supreme Court.
Where does the Constitution state that criminal cases must be tried by the judicial branch in front of their peers?Every individual accused of a crime is guaranteed the right to a fair trial by a judge and jury of their peers under Article III of the United States Constitution.
By its original jurisdictional authority, which case would the Supreme Court hear?The Supreme Court is the first and only Court to consider a case, which is referred to as original jurisdiction. The Constitution restricts matters with original jurisdiction to those involving disagreements between states or among ambassadors and other high-ranking ministers.
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in the federalist no. 10, james madison argued that factions in a republic are
In the Federalist No. 10, the former President James Madison had made an argument that the unequal distribution of the properties are the factions in a Republic.
James Madison is highly revered in the American history as a prominent President of the United States. In fact, his presidential term has seen both sides of the coin. In one of the Federalist No. 10, there were some bold statements marked by Madison, wherein he mentioned that the distribution of immovable property in an unequal way has been the faction in republic governance.
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postwar democracies saw frequent changes in government
-Most people in the new democracies lacked previous exposure to representative government.
-Some countries had a large number of political parties, which complicated effective governance and frequently resulted in the formation of unstable coalition governments.
The governments of the new postwar democracies frequently changed. The Weimer Republic in Germany was doomed from the start. Germany experienced severe economic inflation after World War II. In Germany, more money was printed than was collected through taxes.
According to Crouch "All the democratic institutions are still present and in use in post-democratic societies, but they increasingly function more as a formal shell. The democratic arena loses its vitality and creative drive as it is transferred to a few select members of the political and economic elite."
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Complete Question -
In the new postwar democracies, there were frequent changes in government.
True/False? in a criminal case, the state must prove its case by a preponderance of the evidence.
True or False: A loss from a passive activity is fully deductible as long as the taxpayer has sufficient tax basis in the activity.
The given statement 'A loss from a passive activity is fully deductible as long as the taxpayer has sufficient tax basis in the activity' is false because passive activity is not fully deductible.
An activity is considered passive if the taxpayer did not significantly contribute to it during the relevant fiscal year.
IRS regulations known as the "passive activity loss rules" forbid the use of passive losses to reduce earned or ordinary income.
Investors are prohibited from recovering losses from income-producing businesses in which they are not significantly participating under passive activity loss regulations.
The income is active income and cannot be decreased by passive losses if it is materially related to earned or regular revenue-producing activities. Only passive income can be used to cover passive losses.
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he has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature, a right inestimable to them and formidable to tyrants only.
The meaning of the statement can be taken into understanding that he has refused to pass the laws for large groups of people, but only unless they also give up on their represented rights.
The rights granted to an individual may be stated as the rights that he or she holds in the personal or individual capacity. The right of representation is the right that gives the person a protection against being forced or abstained from getting individually represented. Thus, they are given in the provided legislature thereunder.
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Complete question
What does this statement mean?
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
The need to protect intellectual property is recognized in the U.S. Constitution. (T/F)
The founding fathers of our country valued intellectual property, and the U.S. Constitution gives Congress the authority to safeguard it. since the founding of our country
Quiz: Why is intellectual property protection crucial?Intellectual property protection prevents others from appropriating one person's concepts and innovations. We're discussing the safeguarding of novel goods, services, names, production methods, etc.
Which three categories of works fall under American copyright law?Copyright, a form of intellectual property law, protects all original works of authorship, including poetry, books, films, songs, software, and architectural designs.
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What was changed in the 27th Amendment?
The 27th Amendment changed or modified the prevention of the Congress or is members for granting themselves a rise in their pays during the current sessions.
The 27th amendment of the national constitution of the United States of America can be taken into consideration that provides legal protection to prevent the Congress or any of its members to increase the pay checks of the members in the current sessions, and also allows the pay raises to be effective from the next session after being put forth in the current session.
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Which of the following constitutes an ambitious agenda to significantly improve the human condition by 2030?
The Human Rights Act 1993
The Foreign Corrupt Practices Act
The NAFTA
The seventeen Sustainable Development Goals
The seventeen Sustainable Development Goals constitutes an ambitious agenda to significantly improve the human condition by 2030.
Explain The seventeen Sustainable Development Goals?The United Nations adopted the seventeen Sustainable Development Goals (SDGs) in 2015 as an evenly on all sides to action to end poverty, protect the planet, and ensure that all people live in peace and prosperity. Poverty, hunger, health, education, womens rights, clean water and sanitation, affordable and clean energy, economic growth, facilities, removing barriers, sustainable and neighbourhoods, responsible consumption and production climate action, life below water, life on land, peace and justice, and alliances for the goals are among the issues addressed by these goals. The SDGs seek to make the world quite sustainable and equitable for all.
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Which characteristics are unique to the Texas Bill of Rights?
Some of the characteristics that are unique to the Texas Bill of Rights are right to homestead, education, property tax limitations, public debt limitations and local option elections.
The Texas Bill of Rights, also known as the Texas Constitution, contains many of the same provisions as the U.S. Constitution, including protection of individual liberties such as freedom of speech, religion, and the press, as well as the right to bear arms and protection against unreasonable searches and seizures.
Overall, the Texas Bill of Rights reflects the state's commitment to individual liberties and limited government, while also addressing unique issues specific to the state of Texas.
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if more criminals are sent to prison, the crime rate should go down. this is referred to as the effect. group of answer choices recidivism incarceration incapacitation prison
The crime rate ought to decrease if more criminals are sent to prison. The term for this is "incapacitation effect."
What exactly is incapacitation?Incapable individuals who are in prison: They don't do as many crimes as they would if they weren't in prison. The most accurate modern estimates of the effect's magnitude range from two to five serious crimes per year served in prison. These effects are stronger for higher-rate offenders when incarceration is used more selectively, but they will eventually diminish as incarceration is used more frequently.
This chapter examines the research and offers the following fundamental policy recommendations: 1) An all-encompassing incarceration policy should not be based solely on incapacity; ( 2) the current levels of incarceration in the United States cannot be justified by incapacity.
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which of the following did the federalists argue would protect the individual liberties and states' rights that the anti-federalists were worried about?
The Federalists argued that the Constitution itself would protect individual liberties and states' rights, and they also argued that the addition of a Bill of Rights would further safeguard these liberties.
The Federalists were a political group in the United States that supported the ratification of the Constitution in the late 1780s. They were led by prominent statesmen such as Alexander Hamilton, James Madison, and John Jay, who wrote a series of essays known as "The Federalist Papers" to promote the ratification of the Constitution.
The Federalists believed that a strong central government was necessary to maintain order and protect the nation from external threats, while also ensuring that individual liberties and states' rights were protected through a system of checks and balances.
They believed that the powers of the federal government were clearly defined and limited by the Constitution, and that any powers not specifically granted to the federal government were reserved for the states.
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How do investigators determine where a shooter was standing?
In this landmark case, the Supreme Court for the first time explicitly adopted the doctrine against prior restraint as constitutional law.
The theory against prior restriction was explicitly adopted as constitutional law by the Supreme Court in a significant case, making it the first time in legal history.
The Supreme Court's adoption of the theory against prior restraint as constitutional law in the relevant case set a significant legal standard in US history. Instead of punishing the speaker after the fact, prior restraint refers to government efforts to suppress or prevent speech before it is voiced.
With the Court's decision in this case, the doctrine was for the first time expressly acknowledged and applied as a key component of free expression. The protection of free speech in the US has been significantly impacted by this ruling, which also served as the basis for numerous later court conflicts involving free speech and censorship.
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The correct question will be: What did the Supreme Court adopt the theory against prior restraint?
What was the constitutional question in Lochner v. New York?
The constitutional question in Lochner v. New York was whether the act was valid as labor law
In Lochner v. New York case, the Court had addressed whether a New York state legislation consistently breached the procedural fairness requirement of the Fourteenth Amendment to the United States Constitution limiting the number of hours bakers could work each day each week. The dispute focused on the problem of whether the state had the jurisdiction to regulate bakers' total working hours, and whether such legislation breached peoples' rights to contract under the Fourteenth Amendment's Due Process Clause.
The Court ultimately annulled the law, declaring that it had violated the due process rights of both employers and employees as well as their freedom of contract to negotiate their own labor contracts without undue government involvement freely. Despite the fact that this decision was controversial, it has had a considerable impact on the evolution of constitutional law.
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What are two public policies aimed at reducing ETS? No smoking in public places or around children. Signs that encourage people not to smoke.
Smoking is not permitted near minors or in public areas. posters urging people not to smoke.
All of [name of company workplaces ]'s are smoke-free, and every employee has the right to do their job in a smoke-free setting. On [date], the policy will go into force, and [name] will review it on [date]. Smoking is not permitted anywhere in the office, under any circumstances.
In specified indoor public places and workplaces, such as those used by the government, healthcare and educational institutions, and facilities popular with minors, smoking is not permitted; however, in other public places and workplaces, such as bars and nightclubs, smoking is permitted in designated smoking areas.
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americans are more likely than the french or british to believe that everyone should be politically equal and less likely to think that it is important that everyone be economically equal. what do these differing views reflect?
The differing views in the case of Americans, French, and the British people reflect the differences in the political culture of people belonging to different countries.
The political cultures may be referred to or considered as the difference that a culture usually sees in the existence of its political upbringing and environment. The differences in political cultures may be seen to be relevant because of the differences in the forms of government that exist in the different societies, such as America, France, and The Great Britain.
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the Americans with disabilities act of 1990 prohibits employers from discriminating against persons with disabilities. what does the law sound like?
The ADA solely outlaws disability-based discrimination. It makes it illegal to reject to hire a qualified candidate with a handicap simply because he is impaired or because a reasonable accommodation is needed to allow this person to execute key work tasks.
The Americans with Disabilities Act (ADA) forbids disability discrimination in a variety of settings, including employment, transportation, public accommodations, communications, and access to state and local government programs and services.
It forbids handicap discrimination in employment, state and local government programs, public accommodations, commercial facilities, transportation, and telecommunications.
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Federal Open Markets Committee (FOMC) is responsible for setting most monetary policies concerning interest rates and money supply amounts. Which of the following tools that used by the Fed has/have direct influence on money supply amounts?
Tool 3: open market operations
Tool 1: reserve requirements
Tool 2: discount rate
both Tool 1 and Tool 3
Tools which are used by the Fed have direct influence on d)Tool 1 and Tool 3.So,correct option is d.
The Federal Open Market Committee (FOMC) comprises of twelve individuals - the seven individuals from the Leading group of Legislative heads of the Central bank Framework; the leader of the Central Bank of New York; and four of the leftover eleven Save Bank presidents, who serve one-year terms on a turning premise.
The turning seats are filled from the accompanying four gatherings of Banks, one Bank president from each gathering: Boston, Philadelphia, and Richmond; Cleveland and Chicago; Atlanta, St. Louis, and Dallas; and Minneapolis, Kansas City, and San Francisco. Nonvoting Store Bank presidents go to the gatherings of the Council, take part in the conversations, and add to the Board of trustees' evaluation of the economy and strategy choices.
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(Complete question) is:
Federal Open Markets Committee (FOMC) is responsible for setting most monetary policies concerning interest rates and money supply amounts. Which of the following tools that used by the Fed has/have direct influence on money supply amounts?
a)Tool 3: open market operations
b)Tool 1: reserve requirements
c)Tool 2: discount rate
d)both Tool 1 and Tool 3
What 3 things does the law of conservation of energy state?
The law of conservation of energy is a elementary principle in physics that states three effects:
1.)Energy cannot be created or destroyed, only converted from one form to another.
2.) The total quantum of energy in a unrestricted system remains constant over time. Eventually energy can be transferred between objects or systems, but the total volume of energy remains constant.
3.)This law applies to all forms of energy, including kinetic, implicit, thermal, electromagnetic, and chemical energy.
The law of conservation of energy is a foundation of physics, and it has numerous practical operations in fields similar as engineering and environmental wisdom.
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the state consitiution in necada prohibits the levying of
The state constitution in Nevada prohibits the levying of taxation.
There are various tax-related clauses in the Nevada state constitution. An example of this is a ban on the imposition of personal income taxes. The legislature shall establish by law a uniform and equal rate of assessment and taxation, and shall promulgate such regulations as shall secure a just valuation for the purposes of taxation of all real, personal, and possessory property, except mines and mining claims, the proceeds of which shall be taxed exclusively. This is stated in Article 10 of the Nevada Constitution.
No other enterprise, calling, or vocation shall be subject to direct taxation. A consistent and fair rate of assessment and taxation is mandated by this clause of the constitution, and it expressly forbids the taxation of some categories of property, such as mines and mining claims. Additionally, it forbids the direct taxation of other firms, professions, or jobs; this limitation has been understood to also forbid the imposition of personal income taxes.
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TRUE OR FALSE for tort liability to be imposed, the perpetrator of the tort must have acted with the intent to do wrong.
For tort liability to be imposed, the perpetrator of the tort must have acted with the intent to do wrong. This statement is false.
A tort is a type of civil wrong. This may appear difficult, but a tort occurs when a person or organization, known as a tortfeasor, breaches someone's legal rights (other than by breaching a contract).
Tort laws govern victims' legal rights to seek legal claims against tortfeasors. When a victim is damaged or suffers losses, he or she has the right to file a claim in civil court under tort rules.
If the defendant is found guilty under tort liability rules, the defendant must compensate the victim. There is no chance of defendants going to jail in civil court.
The goal is to assess whether they committed a civil wrong against someone and whether they should be forced to make that victim whole—usually by paying monetary damages.
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