0
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
What else can I help you with?
What is The concept of federal law taking precedence over state or local law is commonly called what?
The concept of federal law taking precedence over state or local law is commonly called "federal supremacy." This principle is established by the Supremacy Clause of the U.S. Constitution, which asserts that federal laws and treaties made under its authority take precedence over conflicting state laws. This ensures a uniform legal framework across the nation, preventing states from enacting laws that contradict federal statutes.
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.
Can federal law override a state constitution?
Yes, federal law can override a state constitution if there is a conflict between the two. Federal law, as established by the U.S. Constitution, is considered the supreme law of the land and takes precedence over state laws or constitutions.
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.
What if nullification and who has the power to deem something nullified?
Nullification is the theory that states can invalidate federal laws they believe are unconstitutional. It posits that states have the authority to reject federal mandates within their borders. However, the U.S. Constitution does not grant states this power, and the Supreme Court has consistently ruled that federal law takes precedence over state law. Ultimately, the power to deem a law nullified lies with the judiciary, particularly the Supreme Court, which interprets the Constitution and federal statutes.
Can a state law override a federal law?
Yes, a state law can be overridden by a federal law under the Supremacy Clause of the U.S. Constitution, which establishes that federal law takes precedence over conflicting state laws.
Is federal or state the highest law?
Federal law takes precedence over state law.
Is the power of supreme court to review state actions legislation comes from the supremacy clause of article vi true or false?
True. The power of the Supreme Court to review state actions and legislation is indeed rooted in the Supremacy Clause of Article VI of the U.S. Constitution. This clause establishes that the Constitution and federal laws take precedence over state laws, allowing the Supreme Court to ensure that state actions comply with federal law and the Constitution. Thus, the Court can invalidate state legislation that conflicts with federal statutes or constitutional provisions.
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.
Can a State agency regulations take precedence over conflicting federal agency regulations?
No, federal law prevails over conflicting state regulations due to the Supremacy Clause of the U.S. Constitution. State regulations that conflict with federal regulations are considered preempted and are generally not enforceable.
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.
What is ferderal law?
Federal law refers to the body of laws created by the national government of a country, which applies to all states and territories within that country. In the United States, federal law is established by the Constitution, statutes enacted by Congress, and regulations created by federal agencies. It takes precedence over state laws when there is a conflict, ensuring a uniform legal framework across the nation. Federal laws cover a wide range of issues, including immigration, tax, interstate commerce, and civil rights.
