What happens if a state law contradicts or breaks a federal law?
Yes, if the law contradicts a federal law or is unconstitutional .
Yes, if the ordinance cannot be enforced because it violates state or federal constitution, or if it contradicts with superior law.
The federal law is over the state.
There is no federal law requiring breaks or lunch breaks. Some states have state laws that govern breaks and lunch breaks. Kansas does not have any state laws requiring breaks or lunch breaks. So your employer can legally work you an 8 or 10 hour shift without a break.
Federal law superceeds state law.
Federal law prevails.
Federal law prevails.
Alabama does not have a law requiring employers to give any breaks to employees no matter what days they work. ... There is no federal or Alabama state law mandating that an employer must allow for any meal breaks or other breaks, regardless of the day of the week that is worked. For information on federal labor laws concerning paid breaks, meal breaks and other breaks, see this website: http:/www.dol.gov/dol/topic/workhours/breaks.htm For information on Alabama state… Read More
national and state
Federal law is a "higher order" law than state law, and unless one of these laws gives the other superiority then Federal Law trumps State Law.
Federal law is over state, so the state law is invalid.
Federal takes the lead as the law.
Under the Supremacy Clause of the U.S. Constitution, all state constitutions must comply with the U.S. constitution or they are null and void. The Supremacy Clause is the "highest law" in our nation. Article VI, Clause 2 of the United States Constitution, known as the Supremacy Clause, establishes the U.S. Constitution, U.S. Treaties, and laws made pursuant to the U.S. Constitution, shall be "the supreme law of the land." The text decrees these to be… Read More
Which term is best described as an act that breaks a federal or state criminal law and causes harm to people or society in general?
Regardless of it being local, state, or federal level, the enforcement of ALL laws is vested in the Executive Branch.
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The necessary and proper cause is important because it makes all federal laws the rule of the land. That means if one of the states makes a law that contradicts with one of the federal government's laws, the government's law would not have to change and the state would not be able to pass that law.
federal law trumps. it's called preemption. see supremacy clause of u.s. const.
State laws typically require a lunch break or other breaks during the work day. Federal law does not typically require it.
The national law takes precedence and the state law is void.
Yes, an employer in Alabama can make you work a 12 hour shift without a break - but they do not have to pay you extra. There is no federal or Alabama state law mandating that an employer must allow for any meal breaks or other breaks. For information on federal labor laws concerning paid breaks, meal breaks and other breaks, see this website: http:/www.dol.gov/dol/topic/workhours/breaks.htm For information on Alabama state laws concerning meal breaks or… Read More
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Federal law can supersede state law when it legislates the same area. This happens when a person can't obey both the Federal and the state law at the same time. When this is the case, it is the Federal law that the person should obey. Condo bylaws can be superseded by state or federal laws in the same manner. Further, state law can directly mandate how bylaws are written.
treated as ordinary income and taxed at your ordinary income tax rate. No breaks as in Federal !
What happens if you drop a computer monitor from the Empire State Building and it breaks will the files come out from the computer or will there be a virus in the computer and spread to the pentagon?
niether happens the computer monitor will break and you will have no computer!
If it passed a Legislative Bill. If the law has never been repealed, it is still valid. Appeals on law suits can get an interpretation of the law where in a law can be declared invalid as it contradicts either the US Constitution, a Federal law, or a State Constitution.
Whichever is highest is the one that prevails. States cannot have lower minimum wages than federal. Federal always prevails over states. However states can set higher minimums than federal, and in that case the higher state minimum prevails.
the state can make its own laws as long as it doesn't contradict a federal law but that has been overrides by the legalization laws of marijuana in states. because it is a federal law that marijuana is illegal. the above is the theory but is not practiced the state is basically its own "country" without a military. but they can use there state police force and are able to declare war on the county… Read More
The state law is declared void. States cannot pass a law that conflicts with a Federal Law or the US Constitution. The law could also be illegal based on the state's constitution.
In the constitution what happens when a person is charged with a crime in one state and runs away to another?
They then face the federal crime of crossing state lines to evade prosecution.
(in the US) Stealing a vehicle is a felony offense in every state. And if you take it across a state line it beomes a federal offense as well.
Is there a tax break for monies spent to upgrade or remodel your home in the state of South Carolina?
I live in South Carolina and as far as I know the breaks you get are for adding insulation, windows, and doors. But that is a federal tax break not a state break.
They are violations of the civil laws which can bring severe fines but no imprisonment.
The federal law overrides the state law. The federal government is the "supreme law of the land," meaning that whatever it says goes. For example, a state can pass a law stating that everything has to wear blue jeans on Tuesday. However if the federal government passes a law that everyone has to wear red pants on Tuesday, then everyone in that state and the rest of the country has to wear red pants on… Read More
Yes and that happens more often than people know. Let's say you have federal and state causes of action and the federal one does not shut out the state one (some federal laws do under the "supremacy" clause of the US constitution). I think most attorneys would file in federal court with "pendant" state actions. One other major way is through "diversity of jurisdiction" where you're in one state and the defendant is in another… Read More
Federal. The dual government is set up in such a way that if federal and state are in conflict, federal trumps. The order is as follows: Federal constitution Federal statute Federal case law Federal regulations and administrative law State constitution State statute State case law State regulations and administrative law
The aggrieved individual(s) can file suit in federal court to bring the federal government into the case and the matter will be handled through the courts.
Yes. example: Federal allows certain deduction from your wages (sec125 healthcare, transportation,). In New jersey those payments must be added back - they don't allow for those deductions Happens almost always. Just to start, STATE income tax paid is a deduction from FEDERAL income, but not from state income obviously (that would be circular).
What are the legal documents upon which are based the operations and organization of our educational system?
State and federal laws. State and federal laws. State and federal laws. State and federal laws.
If you are in the FMS offset income tax program yes and you would be notified if this happens.
If an illegal immigrant mother is deported what happens to her citizen child if his US citizen father is deceased?
The CitiZen Chil will be adopted by Federal / State
They will be free from any further state criminal prosecution for the offense, HOWEVER - they can be charged with federal civil rights violations and tried for the offense under the federal statute.
What happens if there is ever a conflict between a state law and a federal law that falls within the framework of the Constitution?
After it goes through all the lower courts and federal courts, the supreme court gets it. for novanet its judicial
Under some US state laws and most European labor laws, yes. But they are subject to various restrictions as to when and for how long. The US federal wage and hour laws do not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work… Read More
Yes and the state doesn't matter on federal income tax returns. Federal is federal and state is state.
the state government has less power then the federal government. the state government has less power then the federal government.
What happens when it is unclear whether an issue falls under the jurisdiction of the federal or state government?
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State courts interpret and hear cases having to do with state law passed by the state legislature - Federal Courts interpret and hear cases dealing with Federal law and statutes. State courts do not try Federal cases, and Federal courts do not try state cases.
If an incident grows beyond the capability of a local jurisdiction, the federal government usually steps in. This happens most often when criminals travel from state to state.
i dont believe they can state has nothing to do with federal.... atleast i think. the state can touch the state tax but not federal