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a) Discuss whether or not Gerrit has committed any torts. You must e specific and support your answers. Yes, he has committed tort because he grabbed something that did not belong to him. b) If the mechanics had thrown Gerrit off the property, would ABC be guilty of assault and battery? Explain your answer. Yes, if the mechanics had thrown him off, ABC would be guilty of assault, just by throwing him off the property, they will be committing both assault and battery, even if he did not got hurt either physical or mentally

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15y ago
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14y ago

In CA marijuana is decriminalized by the state, however, feds can come in and arrest people because it is illegal by federal regulation. Federal regulation trumps in the end, but it really depends which statute you are talking about and whether it is enforced or not.

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9y ago

In the past federal law always trumped state law. Times have begun to change with the legalization of marijuana in two states, and illegal immigrants being granted amnesty in the border states.

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15y ago

Typically, the federal provision prevails, but often these things have to be worked out in the courts. Federal regulation supercedes all state powers. One example of this is the DEA whom regularly "busts" marijuana distributors in California that are state-licensed.

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11y ago

No. Every federal statute must be in line with the Constitution. The Justices on the Supreme Court are charged with reviewing the Federal Laws to make sure that they are in compliance with the Constitution.

The US Constitution always takes precedence over statutes.

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13y ago

Federal will always take priority over state.

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15y ago

Then it is declared unconstitutional and it then no longer holds any power.

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13y ago

The Constitution takes precedence over federal law; all laws must comply with the principles of the Constitution or they can be nullified.

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9y ago

The Constitution takes priority when a federal statute conflicts with the US Constitution. The Constitution always takes priority in courts.

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Darling Rojas

Lvl 2
2y ago

Federal Statute

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Q: Do federal statutes take precedence over the US Constitution?
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What does the US Constitution takes precedence over?

The U.S. Constitution takes precedence over, in order of hierarchy, federal statutory law, a state constitution, state statutory law, a local ordinance, administrative rules and rulings, and common law. It is the "Law of the Land." It is worth knowing that the Constitution does not take precedence of the Articles of Confederation where the Treasury was created, therefor the Treasury (IRS) is not bound to the limits of the Constitution nor are its Treasury agents.


Did Chief Justice John Marshall insisted that federal laws were superior to state laws.?

Yes, in the sense that the Article VI, Supremacy Clause of the US Constitution holds the Constitution, federal law and US treaties take precedence over state laws when the two were in conflict.


Is federal or state the highest law?

Federal law takes precedence over state law.


What does the constitution say about which law shall predominate if there is any conflict between ls?

It says that federal laws takes precedence over a state law. This is known as the supremacy clause.


How many courts in the US have judicial review?

It would be impossible to ascribe an exact number to answer your question. All courts of general jurisdiction have the power of judicial review, but the final arbiter of federal law and the US Constitution is the US Supreme Court, and the final arbiter of state statutes and the state constitution is the state supreme court (or equivalent), unless the state statutes or constitution conflict with the US Constitution over issues that could be considered federal questions.


How does article VI of the constitution resolve conflicts between state laws and federal laws?

federal laws take precedence over state laws. Why you all up in my grill? homey g dog yo!


Does the federal law definition of mobile home take precedence over a state law defining mobile home?

When there is a conflict between federal and state laws, the Supremacy Clause of the U.S. Constitution dictates that federal law takes precedence over state law. However, it is best to consult with a legal expert to specifically determine how the federal law definition of mobile home may interact with a state law defining mobile home in a particular situation.


Can the Texas legislature adopt a law that contradicts the US Constitution?

Article VI, Clause 2 of the United States Constitution (also known as the Supremacy Clause) explicitly states the Constitution, federal statutes, and US treaties as the "supreme law of the land." Under this clause, a law in effect under the national government takes precedence over any law passed by a State legislature. Therefore, it is unconstitutional for Texas to pass a law that is in contradiction to the US Constitution.


What is the clause that states that the national government is stronger than the state government?

The Supremacy Clause says that federal laws, including the U. S. Constitution, take precedence over any state law. The Supremacy Clause appears in Article six of the Constitution.


Does local law have precedence over state law?

No Its a pyramid with Federal at the top and City at the bottom


Can a State agency regulations take precedence over conflicting federal agency regulations?

I say the answer is false


Which amendment of the Constitution gave precedence to Directive Principles of state Policy over fundamental Rights?

42nd amendment